Contractor's bond. Bridge tax. public open all proposals that may have been received for the construction of said bridge, and shall proceed to consider the said proposals, and shall, upon the filing of the bond hereinafter provided for, award the contract for the construction of the said bridge to the lowest bidder or bidders; provided always, that the said Board shall have power to reject any and all bids received; and provided, that no party to whom the contract for building said bridge may have been awarded shall have the right to sub-contract the work of building said bridge to any other person, under penalty of a forfeiture of his bonds. SEC. 4. The person to whom the contract for the construction of said bridge may be awarded shall file a good and sufficient bond, with two or more sureties, in double amount of his bid, to be approved by said Board of Supervisors, and conditioned that the obligors will well and truly, and in a good and workmanlike manner, cause the said bridge to be constructed and completed within six months after the bid shall have been accepted, in accordance with the plans and specifications adopted by said Board; and provided further, that not more than seventy-five per cent. of the amount agreed upon to be paid for the building of such bridge shall be paid as the work is in progress of construction, and the remainder shall be paid when the work is completed and accepted by the Board of Supervisors. SEC. 5. For the purpose of providing means for the construction of said bridge, the city authorities of the City of Los Angeles shall levy and collect a tax sufficient to pay onehalf of the cost thereof, and the Board of Supervisors of Los Angeles County are hereby authorized to levy and collect, in the same manner as is or may be provided by law for the collection of State and county taxes, a special bridge tax, not exceeding two and one-half cents on each one hundred dollars of the value of the real and personal property in said county, and the fund derived from this tax shall be set apart and applied exclusively to the payment of one-half the cost of said bridge, and shall be known as "The Los Angeles River Bridge Fund." SEC. 6. This Act shall take effect from and after its passage. CHAP. DXCVI.-An Act to enable the Board of Trustees of the City of Healdsburg to subscribe moneys belonging to said city for the purpose of aiding in the erection of a school or college building in said city. [Approved April 3, 1876.] The People of the State of California, represented in Senate and SECTION 1. The Board of Trustees of the City of Healdsburg are empowered, and it is hereby made their duty, funds to aid upon the presentation of a petition for that purpose from a city Trustees majority of the legal voters of said city, to give, donate, and to donate subscribe, out of the funds now on hand belonging to said college. city, to any chartered or incorporated institution of learning having a curriculum of studies above the grade of a high school, for the purpose of aiding in the erection of a school or college building, the sum of one thousand dollars in gold or silver coin; provided, said institution of learning be permanently located in said city within one year from the passage of this Act; and provided further, that the said one thousand dollars shall not be donated or subscribed as aforesaid, until the sum of ten thousand dollars is subscribed and paid in by other parties, for the erection of said school or college buildings. SEC. 2. passage. This Act shall be in force from and after its CHAP. DXCVII.-An Act to amend an Act entitled an Act to incorporate the City of Healdsburg, approved March twentysixth, A. D. eighteen hundred and seventy-four. [Approved April 3, 1876.] The People of the State of California, in Senate and Assembly represented, do enact as follows: duties of SECTION 1. That section ten of an Act entitled an Act to General incorporate the City of Healdsburg be amended so as to read powers and as follows: Section 10. The Board of Trustees shall have Trustees. the power, and it is hereby made their duty, to make such ordinances, not incompatible with the laws and Constitution of the United States and of this State, as they may deem necessary for the purposes following: To prevent and remove nuisances within the limits of said city; to prohibit disorderly conduct; to license and regulate theatricals, concerts, circuses, and all shows and places of amusements; to license and regulate hawkers and peddlers of any articles not produced in Sonoma County; to tax and regulate pawnbrokers; to regulate and prohibit dance-houses, houses of ill-fame, and disorderly conduct of all kinds; to fix the times and places of meetings of the Board of Trustees; to establish rules for the proceedings of the Board; to require bonds of all city officers, except the members of the Board of Trustees, and to fix the amounts and penalties thereof, and the number and qualification of the sureties thereon, and the conditions of said bonds; (no Trustee to be directly or indirectly interested in any contract made by them); to lay out, alter, and establish all streets and alleys, sidewalks and crossings, and public grounds of said city, and to establish grades of the same; to lay out, locate, and establish sewers and drains in said city; to provide for the prevention of the running at large in said city of horses, mules, swine, sheep, goats, and cattle, and for the impounding of the same, and selling General powers and duties of Trustees.. Police jurisdiction. them to pay the expenses and costs of such impounding, keeping, selling, and paying in of such sums; to provide for and establish a chain-gang, and to regulate and conduct the proceedings of the same; to provide for and establish a fire department, and to regulate the conduct and proceedings of the same; to establish public reservoirs and works for providing said city with water; to establish the manner of appropriating fines, penalties, and forfeitures for the breach or violation of ordinances and non-compliance therewith; to provide for the removal of dirt, filth, and obstructions in the streets, alleys, sidewalks, and public squares in said city; to prevent and punish the depositing of dead animals and filth in said city; to establish sanitary regulations for the health of the city, or to prevent the spread of infectious diseases. The said Board of Trustees shall be the general agents of said city for the management of the affairs thereof, and shall have the general supervision of the same and control thereof, and by orders entered on their minutes shall have power to make contracts; to levy a tax annually for general purposes on all property in said city subject to taxation, not exceeding one per cent. of the assessed valuation thereof, and to order the same collected; to tax dogs; to order the collection of a street tax annually of not more than four dollars on each male person over the age of twenty-one and under the age of fifty years, residing in said city; to expend the amount of all taxes collected; to build or rent buildings for the use of the fire and police department of said city; to appoint one. or more assistants for the Marshal, and fix the rate of compensation for the same; to establish and regulate a city prison; to control, pay out, and expend the funds of said city, and do any and all acts necessary to be done for the proper performance of their duties under the charter of said city. They shall receive two dollars per day while sitting as a Board of Equalization, but shall receive no other compen sation. SEC. 2. And be it further enacted, that section fourteen of said Act be amended so as to read as follows: Section 14. The Police Court of said city shall have exclusive jurisdiction of the following public offenses committed within the city boundaries: First-Petty larceny. Second-Assault and battery, not charged to have been committed upon a public officer in the discharge of his official duty, or with intent to kill. Third-Breaches of the peace, riots, affrays, committing willful injury to property, and all misdemeanors punishable by fine not exceeding five hundred dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Fourth-All proceedings respecting vagrants, lewd, or disorderly persons. Fifth-All breaches and violations of city ordinances, and non-compliance therewith. The proceedings in the Police Court shall be the same in all respects as the proceedings in Justices' Courts in criminal from Police actions, except that in cases of imprisonment for breaches or violation of city ordinances, or non-compliance therewith, such imprisonment shall be in the city prison. Appeals may Appeals be taken from the Police Court to the County Court, and the court. like proceedings shall obtain as in appeals in criminal cases from the Justices' Courts. The Police Judge shall have power to administer oaths and affirmations, and to take affidavits and depositions, to be used in any Court or proceeding in this State, and to certify the same. All processes of every description issued from said Court may be executed by the City Marshal City Marshal, or his deputy, or by the Constable of Mendocino Township. The Police Judge shall keep a docket and a record of his proceedings in the same manner and form as is required of Justices of the Peace. The fees or salary of Fees and the Police Judge shall be fixed by the Board of Trustees. Police All fines and penalties collected by him shall be paid by him Judge. into the city treasury at the end of each quarter of the fiscal year of said city; provided, the said Police Judge may retain the amount of his fees from the amounts collected by him. The Police Judge shall keep a full and clear statement of all moneys received and paid, and shall, at the end of each quarter, file with the City Clerk a statement of the same. salary of CHAP. DXCVIII.-An Act for the improvement of streets and sidewalks in the City of Placerville. [Approved April 3, 1876.] The People of the State of California, [represented] in Senate and SECTION 1. All the streets as laid down upon the official Control of map of the City of Placerville, are placed under the control of the Board of Auditors of El Dorado County. SEC. 2. The Road Overseer of Placerville Township, sub- Overseer. ject to the control of the Board of Auditors, shall have control of the streets and sidewalks in the City of Placerville. to owners of SEC. 3. The Road Overseer of Placerville Township may Improverequire, at his option, by notice in writing, to be delivered ments, notice personally or left on the premises, the owner, tenant, or occu- property. pant of any lot, or portion of a lot, to construct or repair forthwith a sidewalk in front of the property of which he is the owner, tenant, or occupant, specifying in the notice what improvement is required, and how many days will require to make it. After the expiration of the time fixed in the notice, which shall not be less than five days, the said Road Overseer shall be deemed to have acquired jurisdiction to contract for the doing of the work or improvements. If such work or improvement be not commenced within the time fixed in the notice, and diligently and uninterruptedly prosecuted to completion, the said Road Overseer may enter into a contract with any suitable person, to make said im Same, at owners' expense. Contractor may collect by action. Appeal from order of Overseer. Bond of provement, order said work at the expense of the owner, tenant, or occupant, at a reasonable price, to be determined by said Road Overseer, and such owner, tenant, or occupant shall be liable to pay the same. SEC. 4. If the expenses of the work and material for such improvement, after the completion thereof, be not paid to the contractor so employed, or his agent or assignee, on demand, the said contractor, or his assigns, shall have the right to sue the owner, tenant, or occupant for the amount contracted to be paid, and the certificate of the Road Overseer that the work has been properly done, and that the charges for the same are reasonable and just, shall be prima facie evidence of the amount demanded for said work and materials, and of the right of the contractor to recover for the same in such action. Such contractor shall have a lien upon the property for the benefit or improvement of which the work is done, from the time of the commencement of the work, and such lien shall be superior to any homestead right, and to any other lien created subsequent to the commencement of the work. Suit may be commenced in any Court of competent jurisdiction to foreclose the lien, and in any judg ment obtained, the contractor shall recover, as part of the costs, an attorney's fee of fifty dollars. The contractor may waive his lien and commence suit to recover a personal judgment alone. In such suit an attachment may be issued. SEC. 5. After the service of notice mentioned in section three, and before the making of a contract by the Road Overseer, the person notified may appeal to the Board of Auditors from the order of the Road Overseer. Such shall be taken by the party filing a petition with the Clerk of the Board of Auditors, setting forth the order and notice of the Road Overseer, and the facts or grounds upon which he objects to the enforcement of the order of the Road Overseer. To make such appeal effective, the party shall file petitioner. with the Clerk of the Board of Auditors a bond, in the sum of two hundred dollars, with two sureties, conditioned for the performance of such order as the Board of Auditors shall make in the matter. Thereupon the Clerk of said Board shall issue a notice to the Road Overseer that such appeal has been taken. After the service of said notice, said Road Overseer shall not take any further steps in the matter until the decision of the Board. The appeal shall be heard at the next meeting of the Board, and the decision of the Board Hearing of shall be final. The Board may quash the proceedings of the Road Overseer, or they may order the improvement to be made, and make such other orders relating thereto as they may deem proper. If the Board order the improvement to be made, the Road Overseer shall notify the owner, tenant, or occupant of the property to make the improvement, specifying in the notice the number of days in which the improvement shall be made. If the improvement is not completed within the time specified, the Road Overseer may contract for the work as mentioned in section three; and the District Attorney shall also, upon the request of the Road Overseer, commence and prosecute an action to recover the amount of appeal. |