Expenses, how paid. Commissioners to turn work over to city. Fees of Clerk and Sheriff the amount of said assessment or judgment against the land of such holder or holders thereof, and the said Board of Commissioners shall thereupon draw their warrant on said Treasurer, against said fund, for the balance due or necessary to satisfy said receipt. Said Treasurer shall register said warrant and pay the same, as provided in section twentyfour of this Act. Said Treasurer, County Clerk, and Board of Commissioners shall, upon taking up said receipts, under the provisions of this section, cancel the same and cause the same to be filed and preserved for the period of one year after the termination of all proceedings under this Act. SEC. 26. The amount due any person or persons for rent, service, labor, or other expenses of the said Commission, shall be paid by said Board, by warrants drawn on said Treasurer, payable only out of the funds in his hands to the credit of said Board, and said Board is hereby authorized to draw its warrants upon said Treasurer for the purpose of making payments under such contract or contracts as may be entered into by them for the building of said bridge, the grading, macadamizing, culverting, and completing the said improvements of said Sixth Street, from Townsend Street to Tennessee Street, and for the opening, grading, macadamizing, culverting, and completing the said improvements of said Sixth Street, as herein created and dedicated, from Tennessee Street to Illinois Street, and generally for all the purposes and work contemplated in this Act, and all cost of the work as herein defined; provided, however, that all warrants drawn by said Commissioners, in payment for their own services, shall first be audited and allowed and countersigned by said County Judge. All warrants drawn upon said Treasurer pursuant to this section shall be registered by him and paid as provided for in section twenty-four of this Act. SEC. 27. Upon the completion of said bridge, and the opening of said extension of said Sixth Street, from TennesSee Street to Illinois Street, as herein provided, and the completion of the grading, macadamizing, culverting, and finishing of the improvements of said Sixth Street, from Townsend Street to Illinois Street, so as to make the same a complete, safe, and substantial thoroughfare thereon, as contemplated and provided for by this Act, and to the satisfaction. of the said Board of Commissioners, the same said bridge and street shall be delivered over to the said City and County of San Francisco, and the same shall be taken and received by said city and county, and shall thereafter be subject to the same rules, regulations, and ordinances, and maintained, managed, and improved as other open and free public streets and bridges in said city and county now are, or may hereafter be. SEC. 28. The fees of the Clerk of said County Court, for his services in any proceedings in said Court under this Act, shall be the sum of two dollars for every judgment entered therein, and shall be collected at the time and in the manner that said judgments are collected, and shall be paid to said Clerk by said Board out of the fund hereinbefore provided for, as other expenses are paid. And the said Clerk shall be entitled, for each transcript of the record prepared by him, from the party desiring the same, such fees as are now allowed on appeal in civil cases. The fees of said Sheriff shall be five dollars for every lot or subdivision lot sold by him, and two dollars for every writ of possession served by him, and which shall be paid to him as the fees of said Clerk are paid. Neither of said officers shall be entitled to receive any other or further compensation for any services rendered by him hereunder than those above provided for, but any expenses lawfully incurred by said Clerk or Sheriff for any such proceedings shall be assessed by said Board and paid as other expenses are provided to be paid. SEC. 29. In case a surplus should remain in the hands of When sursaid Treasurer to the credit of said Board, after paying all plus moneys. the warrants issued by said Board hereunder, said Treasurer shall pay [such surplus] into the general treasury of said city and county. Upon the payment by the said Treasurer, upon the order of said Board, or into the general treasury, the total amount of said fund, all the said warrants and receipts having been paid and satisfied, and all the provisions of this Act having been fully carried out and complied with, the functions of said Board shall cease and determine. SEC. 30. The words "person" or "persons," " 'party" or "parties," when used in this Act, shall be held and construed to include corporation and corporations. All Acts or parts of Acts, so far as they conflict with this Act, are hereby repealed. SEC. 31. This Act shall take effect and be in force from and after its passage. CHAP. DLXXXV.-[See volume of Amendments to the Codes.] CHAP. DLXXXVI.-An Act to provide for the payment of certain coupons. [Approved April 3, 1876.] The People of the State of California, represented in Senate and Assembly, do enact as follows: railroad SECTION 1. The State Treasurer is hereby directed to pay Treasurer to to the Capital Savings Bank, of Sacramento, the sum of sev- pay certain enty dollars, being the amount due on coupons number coupons. twenty-three, due January first, eighteen hundred and seventy-six, upon Central Pacific Railroad bonds, the payment of which coupons are guaranteed by this State, numbered respectively, eleven hundred and sixteen and fourteen hun dred and ninety-one, which coupons were each for the sum of thirty-five dollars, and have been lost; provided, that said payment shall not be made until said Capital Savings Bank shall execute and deliver to said Treasurer an undertaking bond, approved as to form and sufficiency by the AttorneyGeneral, to the effect that they will at all times hereafter protect and save harmless the people of the State of California against said coupons, and against all persons lawfully claiming them or either of them, and against all damages for or on account thereof. SEC. 2. This Act shall take effect from and after its passage. Appropria tions for deficiencies. CHAP. DLXXXVII.-An Act making appropriations for deficiencies in appropriations for the twenty-sixth and twentyseventh fiscal year [years], ending June thirtieth, eighteen hundred and seventy-six. [Approved April 3, 1876.] The People of the State of California, represented in Senate and SECTION 1. The following moneys are hereby appropriated, out of any money in the State treasury not otherwise appropriated, for the objects hereinafter expressed: For deficiency in appropriation for salaries of members of State Board of Examiners, nineteen hundred eighty-four and fourteen one-hundredths (1) dollars; for deficiency in salary of the ex officio member of the State Board of Equalization from December sixth, eighteen hundred and seventy-five, to March thirty-first, eighteen hundred and seventy-six, six hundred and eighty dollars; ten thousand dollars for transportation of insane; twenty-four thousand dollars for support of State prison; four thousand five hundred dollars for purchase of safe for State treasury; for building vault and doors for State treasury, twenty-five hundred dollars; for deficiency in salaries of members of the State Board of Education, two hundred dollars. SEC. 2. This Act shall take effect immediately. Deed ratified and confirmed. CHAP. DLXXXVIII.-An Act to ratify and confirm a certain conveyance made by the Board of Trustees of the City of San Diego to Richard C. McCormick. [Approved April 3, 1876.] The People of the State of California, represented in Senate and SECTION 1. The deed of conveyance of a certain portion of pueblo lot twelve hundred and twenty-four, made the seventh day of February, A. D. one thousand eight hundred and seventy-six, by the Board of Trustees of the City of San Diego, to Richard C. McCormick, for the purpose of correcting a prior defective deed to said grantee, dated February twenty-seven, one thousand eight hundred and sixty-nine, is hereby legalized, ratified, and confirmed; and shall be deemed, held, and taken to convey a valid title in and to the premises described therein to said Richard C. McCormick, his heirs and assigns, to the extent of the interest purporting or attempted to be conveyed, as fully and effectually as though such deed of conveyance or grant had been made in strict accordance with a decree or statute passed and enacted by the proper and appropriate legislative authorities, directing and authorizing the same. SEC. 2. This Act shall take effect and be in force from and after its passage. CHAP. DLXXXIX.-An Act to provide a supply of water for the Napa State Asylum for the Insane. [Approved April 3, 1876.] The People of the State of California, represented in Senate and water supply SECTION 1. Any of the springs and natural sources of Sources of water supply which are within a distance of one mile and a may be half from the extreme limits of the grounds of the Napa condemned. State Asylum for the Insane, together with so much of the lands on which the same are located as are necessary for the protection of said springs and sources of supply, and the right of way for a pipe or aqueduct over intervening lands to reach the same, may be condemned in the manner hereinafter provided, for the use of the Napa State Asylum for the Insane, and shall not be taken up or appropriated by any private corporation. Said springs and sources of water supply and said lands are hereby declared to be necessary for the use of the institution above named, and such use is declared to be a public use. bring action nation. SEC. 2. In order to effect such condemnation, a complaint Attorneyshall be filed by the Attorney-General, in the name of the General to people of the State of California, against all owners or claim- for condemants of such springs, and of the lands on which the same are situated, and of the lands over which a right of way is sought, whose names are known, or can be conveniently ascertained, and against all unknown owners and claimants, designating them as "unknown owners" in said complaint. All the proceedings thereafter shall be had and taken under and in accordance with the provisions of Title (7) Seven, Part (3) Third, of the Code of Civil Procedure, except that it shall not be necessary, upon the trial, to show that said springs are necessary to the institution aforesaid. Appraisement, by whom. Upon condemnation, draw war rant. SEC. 3. Instead of a trial by jury, the District Court may, in its discretion, appoint three Commissioners or Referees to appraise the value of said springs and lands, and the right of way to reach the same from the Napa State Asylum for the Insane grounds, over the lands between said springs and the grounds of the asylum. SEC. 4. Upon a judgment being rendered for the conController to demnation of said springs and lands, and right of way, and appraising the value thereof, and upon filing in said proceedings a written certificate by the Governor, approving such valuation, the Controller shall draw his warrant upon the State Treasurer in favor of the Treasurer of the Napa State Asylum for the Insane, for the amount of such valuation, payable out of any moneys in the General Fund; and said Treasurer of the Napa State Asylum for the Insane shall pay the amount forthwith into the Court in which such judgment is rendered, to be paid out under the order of said Court to the parties entitled thereto. When said amount is paid into Court the title to said springs and lands, and right of way, shall vest in the State, for the use and benefit of the public institution herein before referred to. SEC.. 5. This Act shall take effect and be in force from and after its passage. Concerning right of certain owners to use toll road free. CHAP. DXC.-An Act to amend an Act to allow certain persons therein named, and their associates and assigns, to take possession of and improve a certain road in the County of Sacramento, approved March twenty-third, eighteen hundred and seventy-two. [Approved April 3, 1876.] The People of the State of California, represented in Senate and SECTION 1. Section four of said Act is hereby amended so as to read as follows: Section 4. All persons residing in Road District Number Seventeen, including those who shall hereafter reside therein, whether they own lands in said road district or not, and, also, all persons who reside or may hereafter reside within the following limit, in the City of Sacramento, between W and Y Streets and Seventh and Fifteenth Streets, and who own real estate in said road district, shall be entitled to the use of said road free of toll, so long as they continue to reside within said road district and within said limits of said city, and own real estate in said road district where ownership is required. Each person claiming the right to the use of said road free of toll, under the provisions of this Act, must furnish proof by affidavit of himself, and, if required, by affidavit of some other person competent to be a witness in an action in a Court of justice of this State, setting forth the facts which entitle such applicant to the use of said road free of toll; whereupon it shall be the duty of the said parties, and their associates and |