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Tulare

purchase.

one week's notice, by publication in a newspaper published in said county, of the date of such opening, and during the time that said road remains so opened said company shall not be required to keep their road in repair, shall not be liable for damages accruing in consequence of defects therein, and shall collect no tolls thereon.

SEC. 5. At any time after the expiration of five years from County may the completion of said road, said road company shall sell, transfer, and convey, the said road, to the County of Tulare, upon the payment to said road company of the original cost of constructing said road.

Act made

SEC. 6. The Act of May twelfth, eighteen hundred and fiftyapplicable. three, authorizing the formation of corporations for the construction of plank and turnpike roads, is hereby made applieable to said company, except so far as it may conflict with the provisions of this Act.

SEC. 7. This Act to take effect from and after its passage.

Amount.

To be audit

CHAP. LXXVIII.-An Act to authorize the Board of Supervisors
of the City and County of San Francisco to appropriate the sum of
Thirteen Hundred Dollars to Volunteer Engine Company, Number
Seven, of said city and county.

[Approved March 21, 1862.]

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 County of San Francisco are hereby authorized and required to allow, and order paid, out of the General Fund, a sum of thirteen hundred dollars, for the purpose of completing the additional story which the members of Volunteer Engine Company, Number Seven, were permitted to add, by said Board, to their engine house.

SEC. 2. The Auditor of said city and county is hereby ed and paid. authorized to audit, and the Treasurer of the same is hereby authorized to pay, said sum of thirteen hundred dollars, out of the General Fund of said city and county.

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

CHAP. LXXIX.-An Act for the Relief of the Indigent Sick, and to confer Further Powers upon the Board of Supervisors, of the City and County of San Francisco.

[Approved March 21, 1862.]

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 Amount County of San Francisco are hereby authorized to appropriate, limited. out of the General Fund in the Treasury of said city and county, over and above any sum which they may be authorized by law to appropriate for the general relief of the indigent sick. of said city and county, an amount not exceeding the sum of twelve thousand dollars, for the purpose of maintaining the Hospital and Pest House in said city and county, and making such improvements on and about the same as they may deem necessary.

SEC. 2. This Act shall take effect immediately from and after its passage.

CHAP. LXXX.—An Act making the office of County Treasurer of
Trinity County a salaried office.

[Approved March 21, 1862.]

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

SECTION 1. From and after the first Monday in April, A. D. Salary. eighteen hundred and sixty-two, the County Treasurer of the County of Trinity shall receive, for his services, in lieu of the fees or perquisites now or hereafter allowed said officer by law, the salary or annual sum of one thousand five hundred dollars, to be paid quarterly, in instalments of three hundred and seventy-five dollars each, from the County Treasury, in the manner hereinafter directed.

Treasurer.

SEC. 2. The County Treasurer aforesaid shall collect all per Duty of centage and perquisites, or fees, now or which may hereafter be allowed by law for the compensation of County Treasurers, and shall keep an accurate account of the same, as provided in this Act, place the same to the credit of a fund, to be designated and known as the "County Treasurer's Salary Fund," and shall settle for and account for the same, under oath, to and before the Board of Supervisors of said county, at each and every regular quarterly session thereof, and shall pay the same out on all warrants drawn in favor of the said County Treasurer for his salary.

SEC. 3. The County Treasurer shall procure a suitable book, Same. with index, which shall be known as the "Treasurer's Salary Fund Book." He shall enter in said book a full and accurate account of all fees, perquisites, and per centage, belonging to

Duties of

Board of

the County Treasurer's Salary Fund. He shall keep said book in such a manner as will show the amount of fees, or perquisites, received from time to time, in each case, and by whom paid; and when any per centage shall be received, which, under the provisions of this Act, may belong to the County Treasurer's Salary Fund, such per centage shall be entered upon said book in a manner that will show from what fund, or moneys, and the amount thereof, such per centage was derived, together with the rate per cent. charged thereon. The Treasurer's Salary Fund Book shall, at all times, during office hours, be open to the inspection and examination of any citizen of said county.

SEC. 4. It is hereby made the duty of the said Board of SuSupervisors pervisors, at each of their regular quarterly sessions, to cause to be issued to the County Treasurer, a warrant, or warrants, upon the said County Treasurer's Salary Fund," for such an amount, not exceeding the said quarterly instalment of three hundred and seventy-five dollars, as may be and appear upon the books of said County Treasurer to the credit of said fund, at each of the aforesaid regular quarterly sessions of the Board; and if, at any regular sessions of the Board, the amount appearing to the credit of said Salary Fund should be insufficient to liquidate the whole quarterly instalment of three hundred and seventy-five dollars, then the Board shall, at the same time, cause to be issued to the Treasurer aforesaid, an additional warrant, or warrants, upon the General Fund of the county, for such residue or deficiency, which said additional, or latter, warrants, shall be paid from the General Fund of the county, in the same order, and with like interest thereon, from the date of presentation, as other county indebtedness is now, or may hereafter be, directed to be paid.

Treasurer to

from the State.

SEC. 5. Nothing in this Act is intended, nor shall the same, receive fees in any manner, be construed to repeal, or interfere, with the fees for mileage and per centage allowed by law to said County Treasurer, for travelling to the State Capital and settling with the Controller and Treasurer of State for State funds by him received; but said Treasurer, in addition to the salary hereby fixed and allowed, shall receive, to his own use, all mileage and per centage fees which now, or hereafter, may be allowed by law to the County Treasurers, for travel, and making such settlements.

Surplus to be

SEC. 6. At the May term of the Board of Supervisors of transferred. said county, in the year eighteen hundred and sixty-three, and at the May term of said Board every year thereafter, if it shall appear, after settlement with the Treasurer, and payment of his quarterly salary then due, that there is still money remaining in the County Treasurer's Salary Fund, the Board of Supervisors shall transfer said money to the County General Fund.

CHAP. LXXXI.-An Act concerning Roads and Highways in the
Counties of Siskiyou, Klamath, and Del Norte.

[Approved March 21, 1862.]

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

Districts.

SECTION 1. Each township in the Counties of Siskiyou, Road Klamath, and Del Norte, shall constitute one Road District, and every such Road District shall have one Road Overseer; provided, that in the Counties of Klamath and Del Norte, said Overseer may appoint two Deputies, for whose conduct he shall be responsible.

Overseers.

SEC. 2. The Road Overseers for the year eighteen hundred Road and sixty-two, shall be appointed by the Board of Supervisors of the county, at their first meeting after the passage of this Act. But the Road Overseers for the year one thousand eight hundred and sixty-three, shall be elected by the legally qualified electors of the respective townships, at the general election for the year one thousand eight hundred and sixty-two, and at the general election of every succeeding year, the legally qualified voters of each township shall elect a person to serve as Road Overseer in that District for the ensuing year. The persons who shall, in pursuance of this Act, be appointed Road Overseers by the Board of Supervisors, shall serve in that capacity till after the ensuing general election, and till their successors are elected and qualified. And persons elected Road Overseers at the general election of the year one thousand eight hundred and sixty-two, and persons elected to that office at the general election of each succeeding year thereafter, shall qualify and take their office on the first Monday of November subsequent to their election, and shall hold the same for the period of one year, and till their successors shall be elected and qualified. And the Board of Supervisors shall have power, and it shall be their duty, to fill, by appointment, any vacancy that may occur in the office of Road Overseer in any Road District of the county; provided, that in years when the general election takes place after the first Monday in November, the Overseers shall qualify and take their office on the second Monday after their election.

SEC. 3. Any person appointed or elected Road Overseer, be- Oath and fore entering on the duties of his office, shall take and subscribe bond. the usual oath of office, and shall execute a bond to The People of the State of California, with two or more sufficient sureties, in a sum double the probable amount of road moneys that will come into his hands, to be fixed on by the Board of Supervisors, which said bond shall be approved by the Board of Supervisors, and shall be conditioned on the faithful performance of the duties of the office, and the payment into the County Treasury of such moneys as he shall be required to do by the provisions of this Act.

poll tax.

SEC. 4. All able-bodied male persons, between the ages of Road twenty-one and sixty years, shall be bound and liable to perform, each year, on the roads and highways of their respective Districts, two days labor; and any person so liable, and failing

erty tax.

or refusing to perform the labor, shall pay the sum of four dollars, for the use and benefit of the Road Fund of the District where such labor was due. And the Board of Supervisors shall have power to levy a property tax, of not less than five nor more than sixty cents, on each one hundred dollars' value of taxable property in the county, for road purposes. The propRoad property tax for road purposes shall be assessed by the County Assessor, and collected and paid into the County Treasury by the County Collector, at the same time and in the same manner as other county and State taxes; provided, that when any person shall perform more than two days labor on the highways in any one year, as required by this Act, the Overseer of the District in which such labor shall be performed, shall receipt to such person for the extra amount of labor so performed; and said receipt shall be good and receivable for road dues for the year next ensuing.

Proviso.

Duty of
Collector.

SEC. 5. It shall be the duty of the Collector to keep a separate account of the road tax collected in each Road District, and of the Treasurer to keep the moneys so collected in the several Road Funds. Districts, in separate funds. These funds, of the several Road Districts, shall be under the control of the Board of Supervisors, who may disburse the same for the construction of bridges, the opening or improvement of roads of general interest and value. to the county, or may, in their discretion, transfer them to the Road Overseers, to be expended by them in the improvement of the roads-each fund in the District where it was collected. The Board of Supervisors shall draw money from the Road Funds by drawing their order on the Treasurer, and said orders shall specify the fund from which they are to be paid.

Duties of
Overseers.

Collection of road taxes.

SEC. 6. The Road Overseers shall warn and require all persons in their respective Districts, who by this Act are liable to road duty, to perform two days labor on the roads and highways of the District, and they shall notify such persons of the time when, and the place where, such service will be required, and shall superintend and direct their labor; and the Overseers shall cause all the roads and highways of their respective Districts to be kept clear of obstructions, and in good repair-shall cause banks to be graded, bridges and causeways to be made, and the same to be kept in condition for the accommodation of travel, and shall cause guide-boards to be erected at the intersection of roads, where the convenience of the travelling public may require the same, and shall have full power to contract for labor and materials necessary and proper for accomplishing these objects.

SEC. 7. To enforce the collection of the road tax due from any person who, on the requirement of the Overseer, shall have neglected, failed, or refused, to do two days labor on the highways, the Overseer may seize so much of any and every species

property, right, possession, or claim whatever, belonging to such person so liable and refusing or neglecting to pay such road tax, or in the possession of, or due, from any other person, and belonging to such person so refusing or negecting to pay such road tax, as will be sufficient to pay the same and costs of seizure, and may sell the same, at any time and place, on giving verbal notice one hour previous to such sale; and any person

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