or tenant. fourteen of this Act, either before or after suit brought, together Redemption with costs, to the contractor, or his agent or assigus; or he by lessee may redeem the property, if sold on execution or decree, for the benefit of the owner, within the time prescribed by law, and deduct the amount so paid from the rents due, and to become due, from him; and for any sum so paid beyond the rents due from him, he shall have a lien upon, and may retain possession of, the said lands and lots, until the amount so paid and advanced be satisfied, with legal interest, from accruing rents or by payment by the owner. SEC. 19. The records, kept by the Superintendent of Public Records. Streets and Highways, in conformity with the provisions of this Act, and signed by him, shall have the same force and effect as other public records, and copies therefrom, duly certified, may be used in evidence, with the same effect as the originals. The said records shall, during all office hours, be open to the inspection of any citizen wishing to examine them, free of charge. notices. SEC. 20. Notices, in writing, which are required to be given Service of by the Superintendent, under the provisions of this Act, may be served by any Police Officer, with the permission of the Chief of Police, and the fact of such service shall be verified by the oath of the person making it, taken before the Superintendent, (who is hereby authorized to administer oaths,) Police Judge, or any Judge, or Justice of the Peace; or such notices, whether verbal or written, may be delivered by the Superintendent himself. The Superintendent shall keep a record of the fact of giving such notices, when delivered by himself, personally, and also of the notices and proof of service, when delivered by any other person. Supervisors SEC. 21. When any street, or portion of a street, has been, Acceptance or shall hereafter be, constructed, to the satisfaction of the Com- of work by mittee on Streets, Wharves, and Public Buildings, of the Board of Supervisors, and the Superintendent of Public Streets and Highways, under such regulations as said Board shall adopt, the same shall be accepted by the Board of Supervisors, and, thereafter, shall be kept open and improved by the said city and county, the expense thereof to be paid out of the Street Department Fund; provided, that the Board of Supervisors shall not Proviso. accept of any portion of a street less than the full width thereof, and one block in length, or one entire crossing. The Superintendent of Public Streets and Highways shall keep in his office a register of all accepted streets, the same to be indexed, so that reference may be easily had thereto. office of. SEC. 22. The said Superintendent shall keep a public office Superinin some convenient place, to be designated by the Board of Su- tendent, pervisors, and his office shall be kept open as in this Act required. He shall not, during his continuance in office, follow Duties. any other profession or calling, but shall be required to devote himself exclusively to the duties of his office. He shall be allowed, at the discretion of the Board of Supervisors, not less Deputies. than three nor more than five Deputies, to be by him appointed from time to time. Said Deputies shall be each paid a salary not exceeding one hundred and fifty dollars per month. It shall be lawful for the said Deputies to perform all or any of Duties of Superintendent. Bond. Damages to persons, animals, etc City Surveyor. the duties conferred by this Act upon the Superintendent of Public Streets and Highways, under the direction of the said Superintendent, except the acceptance or approval of work done. The Superintendent of Public Streets and Highways, or his Deputies, shall superintend and direct the cleaning of all sewers in the public streets, and the expense of the same shall be paid out of the Street Department Fund, in the same manner as provided for the improvements of streets that have been finally accepted, as in this Act provided. SEC. 23. It shall be the duty of the said Superintendent to see that the laws, orders, and regulations, relating to the public streets and highways, are carried into execution, and that the penalties therefor are rigidly enforced. It is required that he shall keep himself informed of the condition of all public streets and highways, and also of all public buildings, parks, lots, and ground, of the said city and county, as may be prescribed by the Board of Supervisors. He shall, before entering upon the duties of his office, give bonds to the city and county, in such sum as may be fixed by the Board of Supervisors, conditioned for the faithful discharge of the duties of his office; and should said Superintendent fail to see that the laws, orders, and regulations, relating to the public streets and highways, are carried into execution, after notice from any citizen of a violation thereof, the said Superintendent and his sureties shall be liable upon his official bond, to any person injured in his person or property in consequence of said official neglect. SEC. 24. If, in consequence of any graded street or public highway being out of repair, and in a condition to endanger persons, horses, or other animals, passing therein, any person, while carefully using said street or public highway, and exercising ordinary care to avoid the danger, suffer damage to his person; or, if any horses, animals, or other property, being lawfully ridden, driven, or conveyed, through such street or public highway, be injured, lost, or destroyed, through any such defect therein, no recourse for damages thus suffered shall be had against the City and County of San Francisco; but, if such defect in the street or public highway have existed for the period of twenty-four hours, or more, after notice to the Superintendent, then the person or persons on whom the law may have imposed the obligation to repair such defect in the street or public highway, and also the officer or officers through whose official negligence such defect remained unrepaired, shall be jointly and severally liable to the party injured for the damage sustained. proper officer SEC. 25. First-The City Surveyor shall be the to do the surveying and other work which may be necessary to be done under sections one and two of this Act, and to survey, measure, and estimate, the work done under contracts for grading streets, and every certificate of work done by him, signed in his official character, shall be prima facie evidence, in all the Courts in this State, of the truth of its contents. He shall also keep a record of all surveys made under the provisions of section one of this Act, as in other cases. The Superintendent shall measure and determine any other work which may be done under the provisions of this Act. Second-The words "improve," "improved," and "improve- Meaning of ment," as used in this Act, shall include all necessary repairs of words used. all work mentioned in section three of this Act, and also the reconstruction of all, or any portion, of said work. Third-The term "main street," as used in this Act, means such street or streets as bound a block. The term "street" shall include crossings. Fourth-The word "block" shall mean the blocks which are known and designated as such on the map and books of the Assessor of said city and county. Fifth-The term "incidental expenses" shall mean the expense for work done by the City Surveyor, under the provisions of this Act; also, the expense of printing, advertising, and measuring, the work done under contracts for grading, and the expense of superintendence of sewers, and of piling and capping. of. Sixth-The publication of notices, required by the provisions Notices, of this Act, shall be published, daily, (Sundays excepted,) in the publication newspaper doing the printing by contract for said city and county. prior to June SEC. 26. First-All assessments hereafter to be made, to cover Assessments the expense of work provided for by contracts awarded prior to for work the first day of June, eighteen hundred and sixty-one, and after 1, 1861. George T. Bohen became the acting Superintendent, shall be assessed as provided by the law in relation thereto, and in force at the time said work was awarded; and all assessments heretofore made by George T. Bohen, as Superintendent, under said laws, to cover the expense of such work, shall be deemed and held to have been assessed under the proper law. Second-All assessments hereafter to be made, to cover the After said expense of work provided for by contracts awarded on and date. after the first of June, eighteen hundred and sixty-one, shall be assessed according to the provisions of this Act. Superin SEC. 27. The Superintendent shall appoint a person or per- Assistant of sons, suitable to take charge of and superintend the construction tendent. or improvement of each and every sewer, and of piling and capping, whose duty it shall be to see that the contract made for the doing of said work is strictly fulfilled in every respect, and in case of any departure therefrom, to report the same to said Superintendent. He shall be allowed, for his time actually employed in the discharge of his duties, such compensation as shall be just, but not to exceed five dollars per day. The sum to which the party so employed shall be entitled, shall be deemed to be "incidental expenses," within the meaning of those words, as defined in this Act; provided, that the owners of more than one half in frontage of the lots and lands fronting on the work proposed to be done under this section, may, within forty-eight hours after the work has been commenced, appoint their own Superintendent of the work, and provide for his compensation by private agreement. SEC. 28. All notices, orders, resolutions, advertisements, or Publication other matters, required or authorized by any law of this State of notices. to be published, the publication of which was, by order of any Court of this State, or by contract with the said city and county, commenced in either the Daily or Weekly Mirror, or Weekly of notices. Publication San Francisco Herald, newspapers published in said city and county, and subsequently continued and ended in the Daily or Weekly Herald and Mirror, also published in said city and county, as the case may be, shall be taken, deemed, and held, by all the Courts in this State, to have been legally published, the same as if the publication had been completed in the paper in which it was originally commenced; and when any such publication shall hereafter be completed and ended in said Daily or Weekly Herald and Mirror, the same shall be taken, deemed, and held, by said Courts, to have been legally published, as aforesaid, and all notices, orders, resolutions, advertisements, or other matters, required or authorized by any law of this State to be published, and which H. Wheelock, the proprietor of the Daily and Weekly Mirror, (a newspaper lately published in the City and County of San Francisco,) agreed to publish, by virtue of a contract made with said city and county, may be published in the Daily or Weekly Herald and Mirror, as the case may require, a newspaper how published in said city and county, during the existence of said contract; and all such notices, orders, resolutions, or other matters, which have been heretofore published, or which are now being published, or which shall hereaf ter be published, in said Herald and Mirror, during the existence of said contract, shall be taken, deemed, and held, to be legal and valid in all the Courts of this State, to all intents and purposes, the same as if they had been published in the Daily or Weekly Mirror, and the said Daily Mirror and the San Francisco Herald had not been consolidated, under the name of Herald and Mirror. Acts and repealed. SEC. 29. Article four, embracing sections from thirty-six to parts of Acts sixty-four, inclusive, of an Act entitled an Act to repeal the several Charters of the City of San Francisco, to establish the Boundaries of the City and County of San Francisco, and to consolidate the Government thereof, approved April nineteenth, eighteen hundred and fifty-six, and sections three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen, and fourteen, of an Act entitled an Act amendatory to an Act entitled an Act to repeal the several Charters of the City of San Francisco, to establish the Boundaries of the City and County of San Francisco, and to consolidate the Government thereof, approved April nineteenth, A. D. eighteen hundred and fifty-six, approved March twenty-eighth, eighteen hundred and fifty-nine, and sections two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen, sixteen, and seventeen, of an Act entitled an Act amendatory of an Act entitled an Act to repeal the several Charters of the City of San Francisco, to establish the Boundaries of the City and County of San Francisco, and to consolidate the Government thereof, approved the nineteenth day of April, eighteen hundred and fifty-six, and of an Act amendatory and supplementary thereof, approved the eighteenth day of April, eighteen hundred and fifty-seven, and of an Act amendatory thereof, approved the twenty-eighth day of March, eighteen hundred and fifty-nine, and supplementary to said Acts, approved May eighteenth, eighteen hundred and sixtyone-all and singular, and all Acts, or parts of Acts, in conflict with this Act, are hereby repealed; and this Act shall be deemed to be substituted in place of the sections under the head of said Article four, and as amendatory of the Act first above recited in this section, and held as a part thereof, and shall be taken and deemed a public Act, to take effect from and after its passage. All proceedings which may have been taken under the law for which this law is a substitute, and which are pending at the time this law shall take effect, may be continued and completed under this law; and all advertisements being published at the date of the passage of this Act, shall be published for the respective periods provided by the law in force at the time the publication may have been commenced. CHAP. CCXCIX.-An Act to provide for an equitable Adjustment of Claims, arising from Indebtedness of the County of Contra Costa, outstanding at the date of the organization of the County of Alameda, and for Apportioning any Award made thereon. [Approved April 26, 1862.] The People of the State of California, represented in Senate and WHEREAS, The Legislature of eighteen hundred and sixty, by Preamble. sioners. SECTION 1. B. C. Whitman, of Solano County, Charles Fish, Board of of Contra Costa County, and J. W. Dougherty, of Alameda Commis County, are hereby appointed and constituted a Board of Commissioners, to ascertain and award the amount of indebtedness, if any be found equitably due from the County of Alameda to the County of Contra Costa, on account of obligations existing at the time of the organization of the said County of Alameda, and the said Commissioners shall, before entering upon the discharge of the duties, be sworn. SEC. 2. The said Commissioners shall meet at the office of the Meeting. County Clerk of the County of Contra Costa, at a time within sixty days after the passage of this Act, which time shall be determined by the above named B. C. Whitman, of Solano County, |