Collector. the property of the party delinquent in the mode prescribed by law for the collecting of State and county taxes; and any property so sold shall be sold subject to all the provisions, and the officer selling shall enjoy all the rights and be subject to all the duties, prescribed by law for the collection of State and county taxes. The Collector shall make a monthly report to the Board Duties of of Trustees of all moneys by him received, and from what sources received, and the amount so reported shall be entered upon the minutes of the meetings, when made. The Trustees shall have By-laws, orpower to make by-laws and ordinances not repugnant to the dinances, etc laws or Constitution of this State, and the enacting clause to such ordinances shall be in the following words: "The inhabitants of the City of Columbia, represented in the City Council, do enact as follows;" and they may impose fines, penalties, and forfeitures, for breaches of ordinances, and may appropriate the same, when collected, for the benefit of the city; provided, that all ordinances and by-laws passed by the Trustees shall be published in one or more newspapers published in the city, and shall be signed by the President or acting President of the City Council, and by the City Clerk, and recorded in the city records; and, provided, further, that no fine be imposed exceeding two hun- Proviso. dred dollars for any one breach of any ordinance, or offender be liable to imprisonment for more than sixty days for any one offence. All fines, penalties, and forfeitures shall be collected by suit, to be instituted by the Board of Trustees or the Collector, in the name of The City, before any Justice of the Peace or Court of competent jurisdiction; such fines and forfeitures, when collected, shall be placed to the credit of the city, with the City Treasurer. In the event that any officer shall, fail to pay over any money received by him under the provisions of this Act to the party entitled thereto, he shall be liable for such default, and may be proceeded against upon his official bond, in the name of The City, in the manner authorized by law. The Board of Trustees shall not incur or create a debt which, singly or in the aggregate, shall, at one time, exceed the sum of three thousand dollars. SEC. 4. Section nine of said Act is hereby amended so as to read as follows: published. Section 9. The President of the Board of Trustees shall, on Yearly statethe first Saturday in May in each year, make out and publish a ment to be full and correct statement of all moneys received and expended, from whom and for what purpose received, and to whom and for what purpose expended, during the year next preceding; and if the President of said Board of Trustees shall omit or neglect to make out and cause to be published such statement as he is above required to perform and publish, he shall be deemed guilty of a misdemeanor, and on conviction thereof, in any Court of competent jurisdiction, he may be fined in any sum not less than one hundred dollars, nor more than five hundred dollars. SEC. 5. This Act shall take effect and be in force from and after its passage. Election. Ballots. CHAP. CCVII.-An Act to authorize the Board of Supervisors of the County of Santa Clara to take and subscribe one hundred and fifty thousand dollars to the Capital Stock of the Western Pacific Railroad Company, and to provide for the payment of the same, and other matters relating thereto. [Approved April 14, 1863.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors of the County of Santa Clara shall order a special election to be held in said county, at the several places of holding elections therein, on the first Tuesday of June next, for the purpose of submitting to the qualified electors of said county the proposition for said Board of Supervisors to take and subscribe one hundred and fifty thousand dollars to the capital stock of the Western Pacific Railroad Company, by which a railroad communication shall be formed between a point on the San Francisco and San José Railroad, at the City of San José, and to pass through the Counties of Santa Clara, Alameda, Contra Costa, and San Joaquin, to connect with the Central Pacific Railroad, so that when said roads shall be completed, there will be a continuous line of railroad from the City of San Francisco to the eastern boundary of the State of California, there to connect with the other portions of the Pacific Railroad to the Missouri River. SEC. 2. The said Board of Supervisors shall cause notice of at least twenty days to be published in one or more newspapers printed and published in the said county, stating the proposition to be submitted to said electors, and the time and manner of voting thereon. Each of the voters voting at said election shall have written or printed upon his ballot the words "Pacific Railroad Subscription-Yes," or the words "Pacific Railroad Subscription-No." Every ballot in favor of said proposition shall have the word "Yes" written or printed thereon, and every ballot against said proposition shall have the word "No," written or printed thereon. Said election shall be conducted in the same manner as other elections for county Returns of officers, and sealed returns shall be made of the votes cast on said proposition, within five days after the said election, and in the same manner as provided for in case of the election of county officers, to the Clerk of said county, of the number of votes voting "Yes," and the number voting" No," which returns shall be, on said fifth day, or on the Saturday following the day of said election, opened and counted in the same manner as the returns of the votes for county officers, and when so opened and counted, the result thereof shall be declared officially by the said Board of Supervisors, who shall, at the time prescribed for the opening and counting of the returns of said election, meet as a Board for that purpose, and for perfecting the subscription of stock, as hereinafter provided. olection. Subscription to stock. SEC. 3. If, at the said election, a greater number of the electors of said county voting upon said proposition shall vote "Yes" than shall vote "No," then, and in that event, the Board of Supervisors of said county, in the name of said county, is hereby authorized, empowered, and shall immediately after the said election is so officially declared, take and subscribe, for the use, benefit, and advantage of said county, to the capital stock of "The Western Pacific Railroad Company," a corporation duly organized under and in pursuance of the laws of this State, on the thirteenth day of December, A. D. eighteen hundred and sixty-two, for the purpose mentioned in section one of this Act, stock to the amount of one hundred and fifty thousand dollars, and therefor to pledge the faith of said county for the payment of the same in the manner hereinafter provided. SEC. 4. The said subscription shall be made by a committee Conditions. of two members of said Board of Supervisors, to be appointed by an order of the said Board for that purpose, and who shall perform that duty immediately thereafter; and the said subscription shall be made, and so received, conditioned to be paid in the bonds of said county, issued as hereinafter directed, and not otherwise; and for such subscription, said bonds shall be received at par, dollar for dollar. missioners. bonds. and when SEC. 5. The said Board of Supervisors of said county, from Loan Comtime to time, as the work progresses on the said "The Western Pacific Railroad," and as the payments of said subscription to such capital stock shall be required to be made by the Board of Directors of the said "The Western Pacific Railroad Company," shall, by order, direct the Chairman of said Board of Supervisors, the Auditor, and Treasurer of said county, who, for that purpose, in addition to their other duties as such officers, and their successors in office, shall constitute a Board of Commissioners, to be styled the "Pacific Railroad Loan Commissioners" of said county, as such Loan Commissioners, to issue bonds in To issue the sum of one thousand dollars each, for such amounts of such subscription to said capital stock as said Board of Supervisors may direct. Said bonds shall draw interest at the rate of seven Interest, per cent per annum from the date of their issue, and the prin- payable. cipal thereof shall be made payable, on a specified day, to be named in the bonds, which shall be twenty years after the date of their issue, at the office of the Treasurer of said county; and both the principal and interest of said bonds shall be payable in United States gold coin, dollar for dollar; the interest accruing on said bonds shall be due and payable semi-annually, so long as such bonds are outstanding and unpaid, and shall be made payable on a specified day, to be named in coupons, at said Treasurer's office; said bonds shall be signed by the Chairman Manner of of said Board of Supervisors, and the Auditor, and Treasurer of signing said county, as such officers, and ex officio "Pacific Railroad Loan Commissioners," and when so signed, shall be presented by the Chairman of said Board of Supervisors to the Clerk of said county, who shall countersign the same, as such Clerk, in the presence of a quorum of such Board, at a meeting thereof; and the said Board of Supervisors shall cause the fact of such countersigning of said bonds to be entered upon their journal or record, together with the number, date, and amount of bonds so countersigned by such Clerk; and upon the countersigning of said bonds, the said Board of Supervisors shall cause the seal of said county to be affixed to each bond, and appoint a com bonds. Coupons. Moneys to be Clara County mittee of two of their number to deliver said bonds to the said "The Western Pacific Railroad Company," to whom the same shall be issued, and made payable to said company or bearer; and the said committee shall take a receipt from the Secretary of said company for the bonds so delivered to them, setting forth the number, dates, and amounts of the bonds so delivered, and report the same to said Board of Supervisors. SEC. 6. Coupons for the interest shall be attached to each bond, so that the coupons may be removed without mutilation to the bond; said coupons shall be signed by the said Loan Commissioners. When any interest shall be paid upon a bond issued as herein provided, the Treasurer of said county shall receive the detached coupons for the interest then due and paid, and deliver the same to the Auditor of said county, taking his receipt therefor, who shall file the same in his office, and make a report thereof at the next meeting of the Board of Supervisors. SEC. 7. The bonds issued from time to time in payment of used in Santa such stock subscription, by virtue of the provisions of this Act, and at least an equal amount of any other funds that may be obtained by said company from other stockholders, or otherwise, or that may be furnished and supplied by the contractors who are or may be engaged in the construction of said railroad for said company, shall be expended from time to time, as the said bonds are required to be issued, in the actual construction of that portion of said company's road situated in the said County of Santa Clara, to the extent and amount of the graduation and full preparation of said road for the superstructure thereof; and thereafter the said company may lay out and expend any balance or overplus of said bonds, if any there should be after the graduation of the said road in said county, as before stipulated, on any portion of said road that they, the said company, may see proper, so that the same is applied in the construction and comReports by pletion of said road. It shall be the duty of the Secretary and Chief Engineer of said company, from time to time, as the said bonds are required to be issued, to make reports, under oath, in writing, and lay the same before the said Board of Supervisors, of the progress of the work, and the amount thereof done and performed, as near as the same can be ascertained, on said road, and in each county through which the same is or shall be located. And if, after the issuance of such bonds in payment of the first instalment on such subscription, there should be at any time any failure or refusal in the expenditure of said bonds, with other funds, in the mode and manner provided by this section, in the construction of said road, then, and in that event, the said Board of Supervisors may, at their option, withhold any further payment on such subscription, and shall not thereafter be liable to any future calls for assessments thereon; and if so declared by said Board of Supervisors, the said subscription shall be held void and of no effect, and the said company shall be liable to said county for any amounts that may have been previously paid on such subscription at the time of such failure or refusal, recoverable at law in any Court having jurisdiction. officers of railroad company. SEC. 8. The said Board of Supervisors shall, previous to the making out of the duplicate of or general assessment list for said county in each year, levy a tax, to be styled a "Pacific Railroad Interest tax. Interest Tax," sufficient to raise the amount of interest required to be paid each year on said bonds, issued hereunder, and previous to the making of the said duplicate of or general assessment list of said county, in the year eighteen hundred and seventythree, and for every year thereafter, until the said bonds issued under this Act shall be paid and liquidated, the said Board of Supervisors shall, should it be necessary, levy a tax, not exceeding fifteen cents on the one hundred dollars worth of taxable property of said county, for the purpose of raising a Fund for the liquidation of said bonds, which shall be styled a "Pacific Pacific RailRailroad Loan Fund." The said taxes shall be levied and collected in the same manner as the general taxes for county purposes, and when collected, shall be paid in to the County Treasurer, who shall account for and deliver the same over to the said Loan Commissioners, to be by them applied: First-The Interest Tax, to the payment of the interest falling due on said bonds. Second-The Loan Fund, to the redemption of said bonds as hereinafter provided. road Fund. Interest SEC. 9. If there shall be collected as such interest tax, in any Surplus in one year, a sum greater than is required to pay the annual Fund. interest on said bonds issued hereunder, then the said Loan Commissioners shall pass over such surplus into the said Loan Fund. missioners. SEC. 10. The said Loan Commissioners shall make arrange- Duty of ments for the payment of the interest on said bonds when the Loan Comsame falls due, at least thirty days before the time of payment, and in the event said Interest Fund is insufficient, the said Treasurer shall draw on the Common or General Fund of said county for such purpose, and deliver the same to said Commissioners; and in the event that these Funds prove inadequate, the said Commissioners are authorized and required to make such contracts and arrangements or loans, as may be necessary for the payment of said interest and the protection of the faith of the said county. Loan Fund, SEC. 11. Whenever, at any time, there shall be in said Loan Surplus in Fund a sum of money amounting to five thousand dollars or up- and redempwards, the said Commissioners shall advertise in a public news- tion of bonds paper published in said county, and also in one newspaper published in the City of San Francisco, for a space of four weeks, for sealed proposals for the redemption of said bonds; and ten days from the expiration of the time for such publication, the said Commissioners shall open the sealed proposals, and shall pay and liquidate, as far as the Loan Fund then on hand shall extend, such bonds presented under said proposals as shall have the lowest value proposed at which they may be liquidated; provided, the same shall not be for more than the par value thereof; and, provided, should there be no proposals made for less than par value, then the payment of said Loan Fund on hand shall be made on said bonds according to the number of their issue, of which the said Commissioners shall give four weeks notice of the number of the bonds to be so paid, after which time such bonds shall cease to draw interest; and, provided, whenever there may be sufficient moneys in such Loan |