Action for, when rejected. Prosecutions. Concerning salaries. the claim or demand presented, and shall, if the same be just and legal, order the same to be paid, and shall require the Clerk of the Council to draw a warrant upon the City Treasurer, in favor of the holder of such claim or demand, for the amount allowed, and payable out of the appropriate fund. Such warrant shall be signed by the Mayor and countersigned by the Clerk of the Council. SEC. 18. No suit shall be brought upon any claim for money or damages against said corporation, until such claim or demand has been presented as aforesaid, and rejected by the Council, in whole or in part. If rejected in part, suit may be brought to recover the whole; nor shall suit be brought against said corporation upon any such claim or demand, if the Council shall allow the whole of such claim or demand, and shall order the same to be paid as hereinbefore required; provided, that nothing herein contained shall be construed so as to deprive the holder of any claim or demand of his right to resort to a writ of mandate, or other proceeding against the said Council or any officer of said city, to compel them, or him, to act upon said claim or demand, to draw or to sign such warrants, or to pay the same when so drawn. SEC. 19. A majority of the members actually at the time constituting the Council shall be necessary to pass any ordinance or resolution, or to do or to perform any other act whereby any debt is created and money is appropriated, or the revenue of the city is in any way diminished. Upon the passage of any such ordinance, resolution, or motion, the ayes and noes shall be called, and the names of the members voting for and against such ordinance, or resolution, or motion, shall be entered upon the journal of the proceedings of the Council. SEC. 20. In all prosecutions for violation of any city. ordinance, rule, or other regulation of said city authorities, whether in the Court of original jurisdiction, or in any appellate Court, it shall be unnecessary to plead the contents of the same, but the Court before which the prosecution shall be pending shall take judicial notice of such ordinance, resolution, rule, or other regulation, and of the contents thereof; and in any civil action or proceeding to which the said corporation is a party, either as plaintiff or defendant, the adoption and contents of any ordinance, resolution, bylaw, rule, or regulation, may be prima facie proven by the introduction of the original, the entry thereof on the journal of the proceedings of the Council, a copy of such entry certified by the Clerk of the Council to be a full, true, and correct copy of such original entry, or by the introduction of a printed copy thereof. SEC. 21. The Mayor shall not receive as a salary, for all services, more than one hundred dollars per annum, and the members of the Council shall receive no salary, pay, or compensation for any service rendered the corporation as such, while in office. SEC. 22. It shall be the duty of the Clerk of the Council, upon the first Tuesday in May of each year, or as soon there of public under contract. after as practicable, to cause notice to be given by public Council to advertisement for one week, in some daily newspaper pub- let custody lished in the City of Los Angeles, that sealed proposals will moneys be received from any bank of deposit in the City of Los Angeles, as to the terms and conditions upon which they will receive and disburse the public moneys of said city; such proposals shall be received up to the time to be specified in the notice. The proposals to be made shall specify the rate of interest per month that will be allowed upon such deposits of public moneys. Such sealed proposals shall be publicly opened by the Clerk, in the presence of the Council, at its first meeting after the expiration of the time for receiving proposals. The bank offering the highest rate of interest shall be appointed the depositary of public moneys. The Council shall thereupon cause a contract in writing to be drawn, and providing for the proper payment of all warrants drawn upon the City Treasurer, so long as there is sufficient money in the fund upon which such warrant is drawn, and sufficient money to the credit of said city on deposit in said bank to pay the same; and providing, also, for the full accounting for all moneys so deposited, and the repayment of the balance on deposit, at the end of the term for which said contract shall be made, to the City Treasurer, or other person authorized by the Council to demand and receive the same. The Council shall have the power to require such other provisions to be inserted in such contract as it shall deem best for the interest of said city. The contract, when approved by the Council, shall be signed on behalf of the city, as hereinbefore provided by section one of this article. Such depositary, thus selected, shall give a bond, with two or more sureties, in the sum of one hundred thousand dollars, or such further sum as the Council may require, conditioned for the faithful keeping and proper disbursement of all such moneys; said bond to be approved by the Mayor. Upon approval of such bond, and the signing of such contract, the Council shall direct the City Treasurer to deposit each day, when such bank is open for the transaction of business, with the bank thus selected, all public moneys of said city by him collected or received. For each such deposit, the Treasurer shall take the receipt of the bank, and from and after the deposit of such money in said bank the Treasurer and his bondsmen shall no longer be liable therefor. Should the City Treasurer refuse or neglect, at any time, to comply with the orders of the Council, as to the deposit of such moneys, he shall be liable upon his official bond, in an action brought thereon by and in the manner of said corporation, for the full amount of the interest which the corporation should have received upon such moneys, during such time as he shall retain the possession or control of such moneys, or he may be proceeded against by said corporation in its own name, by mandate brought against him under the laws of this State applicable thereto, to compel such deposits to be made. SEC. 23. The official books and papers of all the officers Records, etc. Fines, etc. Publication of ordinances. Police Commissioners. of said corporation are city property, and must be kept as such by said officers during their continuance in office, and then delivered to their successors respectively, or to the Council. Such books and papers may at any time be inspected by the Mayor, or by a committee of the Council appointed for that purpose, or as herein provided. SEC. 24. Unless otherwise provided in this Act, the Mayor and Council, or either, when authorized by this Act to adopt any ordinance or resolution, or make any rules or regulations, such municipal authority so empowered shall have the further power and is hereby authorized to provide that each and every violation of such ordinance, resolution, rule, or regulation shall be and constitute a misdemeanor, and may prescribe as a punishment therefor, to be imposed upon any person found guilty thereof, a fine not exceeding two hundred dollars, and by imprisonment not exceeding ninety days, or either such or imprisonment. SEC. 25. In addition to what may be specially required by other provisions of this Act to be published, the following proceeding and acts of said municipal authorities shall be published in English and Spanish, by at least one insertion in such languages respectively, in some newspaper printed and published in said city, or by posting for at least ten days in three public places in said city, before such proceeding or act shall be of any validity or binding force and effect, to wit: First-All ordinances adopted in accordance with the provisions of this Act. Second-All resolutions of the Council required by this Act to be in writing. SEC. 26. The Mayor, Judge of the City Court, and Chief of Police, shall be and constitute a Board of Police Commissioners. The Board shall have power to appoint as many regular and special policemen as may be necessary to regulate the same, and to dismiss from the police force at any time any member thereof. For the proper regulation of such police force the Board shall have the power to make such rules and regulations as may be proper. Only a majority of such Board shall be necessary to determine any question. The compensation of all policemen shall be prescribed by the Council. SEC. 27. All Acts of the Legislature relating to the City of Los Angeles, and all city ordinances, resolutions, and other regulations now in force and not inconsistent herewith, shall be and remain in full force after this Act takes effect, until changed or repealed by the proper authority, and all rights vested under any former Act or regulation when this takes effect shall not thereby be lost, impaired, or discharged. SEC. 28. All Acts of the Legislature, in so far as the same are inconsistent with the provisions of this Act, but no further, shall be and the same are hereby repealed. SEC. 29. This revisory Act shall take effect immediately. CHAP. CCCCLXXVII.—An Act to authorize the Controller and [Approved April 1, 1876.] The People of the State of California, represented in Senate and and Treasurer to transfer Swamp Land SECTION 1. The Controller and Treasurer of State are Controller hereby authorized and directed to transfer from the General Fund of the State to the credit of the Swamp Land Fund moneys to the sum of forty-seven thousand nine hundred twenty- Fand three and twenty-four hundredths dollars; provided, that if it appear, upon careful examination by the present Controller, that any or all of the money paid into the State Fund for the purchase of swamp lands prior to July first, eighteen hundred and fifty-eight, has at any time been returned to the Swamp Land Fund, no more funds shall be transferred under this Act than is so ascertained to be due said Swamp Land Fund. sanie. From the amount transferred to the Swamp Land ApportionFund, as provided for in section one of this Act, the Con- ment of troller and Treasurer shall transfer to the credit of "Swamp Land District Number One Fund" the sum of eight thousand one hundred twenty-seven and eighty-nine one-hundredths dollars; to the credit of "District Number Two Fund," the sum of five thousand eight hundred forty-six and sixty-nine one-hundredths dollars; to "Swamp Land District Number Five Fund," the sum of thirteen thousand seven hundred eighty-four and eighteen one-hundredths dollars; to "Swamp Land District Number Eighteen Fund," the sum of seven thousand seven hundred forty-four and thirty one-hundredths dollars; to "District Number Fifty-nine Fund," the sum of four hundred sixty-three and nine one-hundredths dollars. applied. SEC. 3. The balance remaining to the credit of Swamp surplus Land District Number Five Fund, after paying the out- moneys, how standing Controller's warrants drawn upon the funds of said district, shall be paid over to the Treasurer of San Joaquin County, and said Treasurer shall place the amount so received to the credit of the General Swamp Land Fund of San Joaquin County. The Controller is hereby directed to draw his warrant in favor of said Treasurer, for the balance in said fund, after the warrants have been redeemed. rants in favo counties. SEC. 4. The Controller of State is hereby directed to draw Controller to his warrant upon the Swamp Land Fund in favor of the draw warTreasurers of the following counties, for the following of certain amounts, it being the amount paid in by the several counties mentioned, from the sale of swamp lands, and erroneously placed to the credit of the General Fund of the State: Alameda County, seven hundred seventy and seventy-five one-hundredths dollars; Butte County, three hundred forty-seven and fifty-four one-hundredths dollars; Colusa County, five hundred and two and fifty-one one-hundredths dollars; Contra Costa County, eleven hundred and twenty draw war rants in favor of certain counties. Controller to six and thirty-three one-hundredths dollars; Del Norte County, two hundred and thirty-two and eighty one-hundredths dollars; Fresno County, six hundred and thirty-six and thirty-two one-hundredths dollars; Humboldt County, fifteen hundred and twenty-six and eighty-six one-hundredths dollars; Merced County, four hundred and two and twenty-nine one-hundredths dollars; Napa County, three hundred and eighty-three and forty-eight one-hundredths dollars; San Francisco County, five hundred and twentynine and fifty-seven one-hundredths dollars; San Mateo County, one hundred and fourteen and fifty-one one-hundredths dollars; Santa Clara County, six hundred eightyseven and ninety one-hundredths dollars; Shasta County, one hundred thirty-nine and sixty-eight one-hundredths dollars; Siskiyou County, three hundred seventeen and forty-four one-hundredths dollars; Sonoma County, five hundred fifty-seven and three one-hundredths dollars; Stanislaus County, seven hundred five and fifteen one-hundredths dollars; Tulare County, twenty-nine hundred seventy-six and ninety-three one-hundredths dollars. The Treasurers above mentioned shall place the amount received from the State to the credit of the General Swamp Land Fund of their respective counties. This Act shall not be so construed as to render the State of California liable for either the principal or interest of any bond or bonds issued or to be issued against or on behalf of any swamp land district in the State. SEC. 5. This Act shall take effect immediately. Duties of CHAP. CCCCLXXVIII.-An Act to amend an Act entitled "An Act to incorporate the City of Gilroy," approved March twelfth, one thousand eight hundred and seventy. [Approved April 1, 1876.] The People of the State of California, represented in Senate and SECTION 1. Section forty-five of said Act is hereby amended so as to read as follows: Section 45. The City Treasurer, before entering upon the duties of his office, shall give such bonds as may be required of him by the Common Council; it shall be his duty, as City Treasurer, to receive and safely keep all moneys that shall come into his hands as City Treasurer, for all of which he shall give duplicate receipts, one of which said receipts shall be filed with the Clerk of the Common Council; he shall pay out said money by order of the Common Council, on a warrant issued by the Mayor and countersigned by the Clerk, and shall perform such other duties as may be required of him by said Council; and for his compensation, said Treasurer shall be allowed a commission of one per cent. on all moneys paid out by him as such |