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lected by the Collectors or other officers now authorized by law Collection to collect State and county licenses.

SEC. 11. All Acts and parts of Acts so far as they conflict with this Act are hereby repealed.

of licenses.

CHAP. CXCV.-An Act for the Incorporation of the Town of Dutch
Flat, in Placer County.

[Approved April 13, 1863.]

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

SECTION 1. The inhabitants of the Town of Dutch Flat, Town incorCounty of Placer, are hereby constituted a body corporate and porated. politic, under the name and style of "The Town of Dutch Flat," and by that name and style they and their successors shall be known in law, and have perpetual succession, and be invested with all the rights and privileges conferred by and be subject to all liabilities, restrictions, and provisions of an Act entitled an Act to provide for the incorporation of towns, approved April nineteenth, eighteen hundred and fifty-six, so far as the provisions of said Act may be consistent with the provisions of this Act.

SEC. 2. The corporation limits of said town shall be as fol- Boundaries. lows: Commencing at a point south of the Dutch Flat Steam Saw Mill, at an oak tree south of said mill, and forty-two feet from the end of the log track; thence on an air line to a point five hundred feet east of the Dutch Flat Saw Mill; thence to a point five hundred feet north of the county road leading to Nevada Territory; thence to a point one hundred feet north of A. Bartley's house; thence to a point one hundred feet north of the Casino Garden; thence west to G. P. Beal's house; thence to a point one hundred feet west of N. W. Blanchard's barn; and thence to the place of beginning.

SEC. 3. The officers of the said corporation shall consist of a Officers. Board of five Trustees, a Treasurer, à Clerk, who shall be ex officio Assessor, a Marshal, who shall be ex officio Collector, and a Night Watch, and no other.

SEC. 4. The officers of the town shall all be elected by the Election of. legal voters, (except the Night Watch, who shall be appointed by the Trustees, and hold his or their office during the pleasure of the Board,) and shall hold their offices for the term of one year, or until their successors are elected and qualified.

SEC. 5. The compensation of the Board of Trustees shall be ray of one dollar per annum each. The Clerk shall receive the sum of officers. one dollar for every attendance on the Board of Trustees when in session, and shall receive the sum of fifty dollars for his services as Assessor. The Marshal shall receive the same fees for his services as are allowed to the Constables of Placer County for like services, and shall receive such per centage upon all moneys collected by him as Collector as the Board of Trustees

Meetings of
Trustees.

Vacancies.

Powers of
Trustees.

Board

restricted in contracting debts.

Justices of the Peace.

Qualification of voters.

may determine, the same not to exceed four per centum. The Night Watch shall receive such compensation as the Trustees may deem just, the same not to exceed ninety dollars per month. All officers elected under this Act shall take the oath of office and file their respective bonds within ten days after their election.

SEC. 6. The Trustees shall, on the first Monday after their election, meet for the transaction of business, and shall thereafter meet on the succeeding Monday of each month for the transaction of such business as may come before them.

SEC. 7. If at any time either or any of the officers created by this Act shall, by sickness, absence, or otherwise, be unable to perform the duties of his office for a period of three months at any one time, his office shall be declared vacant by the Trustees. If any such vacancy shall occur in the corporation at any time three months or more previous to a regular election, the same shall be filled by a special election, to be called by the Board of Trustees for that purpose, by giving ten days notice thereof. Should such vacancy occur less than three months next preceeding a regular election, such vacancy may be filled by the

Trustees.

SEC. 8. The Board of Trustees shall have power to pass such ordinances as they may deem necessary to prevent and remove nuisances; to license theatres, menageries, and all other shows or exhibitions where money is charged for admission; to alter, keep open, grade, and repair, and lay out streets, alleys, and sidewalks, for the town; and to collect annually a tax on all the property in the town, not exceeding one fourth of one per cent on the assessed value thereof; to levy and collect a poll tax, not exceeding one dollar per annum, on every male inhabitant, of twenty-one years and upwards; to levy and collect a road tax, established by general law, on every male able bodied inhabitant between the ages of twenty-one and fifty years, said tax to be faithfully applied to road and street purposes within the corporation limits; to impose and collect a tax on dogs, not exceeding six dollars per annum on every dog running at large within the incorporate limits of the town; to provide for the impounding of swine and cattle; and to pass all ordinances necessary for the protection of the town against fire.

SEC. 9. The Board of Trustees of said town shall not have power to contract any debt in amount exceeding the sum of one hundred dollars, unless the ordinance for the same shall first be submitted to and adopted by a majority of the legal voters of the town voting for the same, nor shall any expense be incurred except as above provided for.

SEC. 10. The Justices of the Peace and Constables, within the corporate limits of the town, shall be conservators of the peace therein, and shall have jurisdiction in all civil and criminal cases not inconsistent with their jurisdiction as conferred by law.

SEC. 11. No person shall be entitled to vote at any special or regular election, for any of the officers of this corporation, or on questions submitted by the Board of Trustees, unless such person shall have first resided in the corporation limits for the period of ten days next preceding such election, and shall have

paid his corporation tax for the current year; provided, that the provisions of this section shall not take effect until after the first election of officers for said town.

SEC. 12. No street shall be laid out, altered, opened, or re- Streets. paired, except upon a petition signed by the owners of two thirds in value of the property affected thereby; and then to pay the expense attendant upon the same, the Board of Trustees shall levy a tax on all the property affected thereby according to its assessed value, which tax shall be levied and collected as other taxes are under this Act.

sioners of

SEC. 13. Allen Towle, L. Arnstein, Henry Kunkle, C. Hoover, Commisand J. D. Hilton, are hereby appointed Commissioners, who, election. within ten days after the passage of this Act, shall give notice that within one week from the date of said notice, an election will be held at the time and place designated in the notice, at which election the qualified voters of the Town of Dutch Flat will be called upon to vote on the question of the incorporation of said town. Said Commissioners shall cause ballots to be prepared, on which shall be written or printed "Corporation-Yes," Ballots. or Corporation-No ;" and said Commissioners shall constitute the Judges, Inspectors, and Clerks of said election, and shall hold the same, and declare the result. If at such election a majority of the ballots shall have written or printed on them the words "Corporation-Yes," then this Act shall take effect, and said Commissioners shall declare said town incorporated, and Duties of shall hold an election for the officers provided under this Act, on the fifteenth day of April, one thousand eight hundred and sixtythree; but if a majority of such ballots shall have written or printed on them the words "Corporation-No," then said Commissioners shall declare this Act rejected, and the same shall not go into effect.

Commissioners.

elections.

SEC. 14. The annual election for officers of said town shall Annual take place on the first Monday in May, one thousand eight hundred and sixty-three, and on the first Monday in May in each year thereafter.

SEC. 15. This Act shall take effect and be in force from and after its passage.

CHAP. CXCVI.-An Act extending the provisions of an Act entitled an Act to create a Board of Supervisors in the Counties of this State, and to define their Duties and Powers, approved March twentieth, eighteen hundred and fifty-five, to the County of San Diego.

[Approved April 13, 1863.]

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

SECTION 1. The provisions of an Act entitled an Act to create a Board of Supervisors in the counties of this State, and to define their duties and powers, approved March twentieth, eighteen

hundred and fifty-five, are hereby made applicable to the County of San Diego.

SEC. 2. All Acts or parts of Acts in any manner in conflict with the provisions of this Act are hereby repealed, so far as relates to the County of San Diego.

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

Duty of
Auditor.

Delinquent list to be evidence.

Pay of
Auditor.

CHAP. CXCVII.-An Act authorizing and requiring the Auditor of
San Bernardino County to make out a Delinquent Tax List.

[Approved April 13, 1863.]

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

SECTION 1. The Auditor of San Bernardino County is hereby authorized and required, on application of the District Attorney of said county, to make out and deliver to said Attorney, duly certified under his official seal, a list of all persons and property owing taxes in said county and which were delinquent at the close of the official business of the Tax Collector of said county on the third Monday of February, one thousand eight hundred and sixty-three, as shown by the duplicate assessment roll.

SEC. 2. Said delinquent list, showing unpaid taxes against any person or property, shall be prima facia evidence in any Court to prove the assessment, the property assessed, the delinquency, the amount of taxes due and unpaid, and that all the forms of law in relation to the levy and assessment of such taxes have been complied with.

SEC. 3. The said Auditor shall be allowed the sum of twentyfive dollars for his services in making out said delinquent lists, to be paid by the District Attorney out of the first money collected by said Attorney on the said delinquent list, after the same shall have been made out and delivered to the District Attorney, as required by this Act.

SEC. 4. This Act shall take effect from and after its passage.

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

[Approved April 13, 1863.]

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

SECTION 1. The Board of Education of the City and County of San Francisco have further powers hereby conferred upon them, as follows:

First-To allow and order paid out of the School Fund, not Powers. exceeding six hundred and fifty dollars, for the removal of the remains, of the late Thomas J. Nevins.

Second-To allow and order paid the claim of Wm. McG. Barry; amounting to one hundred and thirty dollars, for services as Teacher, and repairs to school building in eighteen hundred and fifty-six.

Third-To allow and order paid out of the School Fund, such sums as are now due or may hereafter become due for grading, or otherwise improving streets, sidewalks, or alleys, in front of school property; and it is hereby made the duty of said Board to pay for grading of streets already done in whole or in part; provided, the same has been done under the direction of the Superintendent of Streets and Highways.

CHAP. CXCIX.-An Act supplemental to an Act entitled an Act supplemental to an Act to incorporate a State Agricultural Society, approved May thirteenth, one thousand eight hundred and fifty-four, and amended March thirtieth, one thousand eight hundred and fiftyeight, approved March twelfth, eighteen hundred and sixty-three.

[Approved April 13, 1863.]

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

audit claims.

SECTION 1. The Board of Directors mentioned in section one Board of of the Act to which this Act is supplemental, shall audit all Directors to claims or demands against the State Agricultural Society that have accrued prior to the first day of January, eighteen hundred and sixty-three, and allow such as may be just and proper, and cause their warrants to be drawn on the Treasurer of said Society, payable out of the General Fund; said warrants shall be signed by the President and Secretary of said Board of Directors, and the Treasurer shall pay the same in the order of their presentation, if there be money in said Fund; but if not, then he shall indorse on the back of the warrant: Presented, and not warrants. paid for want of funds, this Anno Domini

eighteen hundred and sixty

day of

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; and said warrants shall

draw interest at the rate of ten per cent per annum, from the date of presentation until paid.

into General

Fund.

SEC. 2. All assets, moneys, and debts, due said Society, that Payments accrued prior to the first day of January, eighteen hundred and sixty-three, shall be placed to the credit of the General Fund, for the liquidation of the debts of said society created prior to the first day of January, eighteen hundred and sixty-three; and all moneys received during each fiscal year hereafter, shall be placed to the credit of a Fund to be known as a Special Fund, Special for the payment of the current expenses, premiums, and awards for the year in which the same was received, and to liquidate the outstanding indebtedness of said society, as hereinafter provided; and all moneys received from appropriations, donations,

Fund.

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