CHAPTER CLXXXIV An Act entitled an Act to authorize the Mayor and Common Council of the City of Los Angeles to levy a tax for repairs of the banks of the Los Angeles River in the city, to levy a tax for street improvements, and for lighting the streets of said city with gas. [Approved March 16, 1868.] The People of the State of California, represented in Senate and River Fund. SECTION 1. The Mayor and Common Council of the City of Levy special Los Angeles are hereby authorized to levy a special tax, not to fax for exceed one quarter of one per cent. on each one hundred dollars worth of taxable property in said city, for the purpose of creating a Los Angeles River Fund, and the same shall be set apart and known as such fund, and shall be used and expended in such manner as the Mayor and Common Council shall direct, in improving the channel and banks of said river in any manner deemed necessary by said Mayor and Common Council for the protection of property on the banks of said river. Fund. SEC. 2. The said Mayor and Common Council of the said city For Street are authorized to levy and collect, as other taxes of said city are levied and collected, a tax, not to exceed one quarter of one per cent. on each one hundred dollars worth of property in said city, for the purpose of grading and repairing the public streets of said city; and the same shall be set apart and known as the Street Fund of said city, and shall be used for no other purpose. When, in the estimation of the said Mayor and Common Council, there shall be sufficient money in said fund to commence the grading and repairing of any of the public streets of said city, it shall be the duty of said Mayor and Common Council to proceed at once with the grading and repairing of said streets in such a manner as shall be determined upon by them, either letting the same out upon contract, or otherwise. streets. SEC. 3. The said Mayor and Common Council of said city are For lighting hereby authorized to levy a special tax, not to exceed one fifth of one per cent. upon each hundred dollars worth of property, to be levied and collected as other taxes of said city, for the purpose of defraying the expenses of lighting the public streets of said city with gas. The money derived from said tax shall be set apart for and be known as the Gas Fund, and shall be used for no other purpose whatsoever. SEC. 4. This Act shall take effect and be in force from and after its passage. Improvement of roads in District. CHAPTER CLXXXV. An Act to confer additional powers on the Board of Supervisors of the [Approved March 16, 1868.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors of the City and County of San Francisco are hereby fully empowered and authorized to First Road expend a sum not to exceed four thousand dollars per annum, payable out of the General Fund, for the improvement of roads in the First Road District; said money to be expended on roads outside of the charter line of eighteen hundred and fifty-one (1851). SEC. 2. This Act shall be in force from and after its passage. Taxpayers for road tax. CHAPTER CLXXXVI. An Act concerning roads and highways in the County of Sacramento. The People of the State of California, represented in Senate and SECTION 1. Whenever fifteen taxpayers residing in any road may petition district in the county, outside of the City of Sacramento, shall petition the Board of Supervisors for the levy of a special road. tax (stating the sum on the one hundred dollars they wish levied) in such district, the Clerk of the Board shall issue a notice that said petition will be acted on at a day specified, which day shall be not less than ten, nor more than thirty days, from the issuance of the notice, and during a regular session of the Board. Hearing petition. Levy and collection. Repairs and improvements. SEC. 2. On the day fixed for the hearing of the petition, or on a day thereafter to which the case may be continued, the Board of Supervisors shall hear proof that copies of the Clerk's notice have been posted for at least seven days, in at least five public places in the district; and, after such proof, shall hear parties, if any shall appear, for and against the levy of the tax, or a part of it; and shall, in their discretion, levy the tax asked for, or a part of [it], or decline to levy any. SEC. 3. Whenever a tax is levied under the provisions of this Act, it shall be added by the Auditor to the other taxes levied upon the property in the district, and shall be collected with the State and county taxes, and be paid into the Road Fund of the district. SEC. 4. Whenever the Board of Supervisors shall levy any tax under the provisions of this Act, said Board shall have power to authorize the Overseer of said road district to pro ceed, prior to the collection of said tax, to make such repairs and improvements on roads in said district as may be required, to the extent of the aggregate tax levied; and said tax, when collected, shall be appropriated to the payment of legal claims accruing from such improvements. SEC. 5. This Act shall take effect on its passage. CHAPTER CLXXXVII. An Act to legalize and confirm the election of certain officers in the [Approved March 16, 1868.] The People of the State of California, represented in Senate and SECTION 1. The election for town officers of the Town of Election and Eureka, in Humboldt County, held on the third Monday in June, acts legalsubsequent Anno Domini eighteen hundred and sixty-seven, is hereby legal- ized. ized and confirmed; and the said election, and all subsequent proceedings in relation thereto, shall have full force and legal effect. SEC. 2. All official acts done hitherto and since the said election and subsequent qualification of said officers, by said officers, or any of them, not in conflict with the provisions of an Act entitled an Act to incorporate the Town of Eureka, approved April the ninth, Anno Domini eighteen hundred and fifty-nine, and the several Acts amendatory thereof, are hereby legalized. SEC. 3. This Act shall take effect from and after its passage. CHAPTER CLXXXVIII. An Act to stay the collection of certain taxes in Fresno County. The People of the State of California, represented in Senate and mitted. SECTION 1. All persons owing taxes on property in Fresno Taxes on County for the year A. D. eighteen hundred and sixty-seven, property dewhich property has been destroyed by the floods of December, flood reeighteen hundred and sixty-seven and January, eighteen hundred and sixty-eight, may show, to the satisfaction of the Board of Supervisors of said county, the destruction of such property; and thereupon the said Board of Supervisors shall order the District Attorney of said county to dismiss all proceedings for the collection of said delinquent taxes; and it shall be the duty of said District Attorney to obey said order. SEC. 2. This Act shall be in force from its passage. Proceedings legalized. CHAPTER CLXXXIX. An Act to legalize the incorporation of the Towns of Healdsburg and [Approved March 16, 1868.] The People of the State of California, represented in Senate and SECTION 1. The petitions of the inhabitants of the Villages of Healdsburg and Santa Rosa to the Board of Supervisors of Sonoma County, asking to be (an) incorporated towns under the Act of the Legislature of this State, passed March twenty-seventh, eighteen hundred and fifty, and amended March twentyseventh, eighteen hundred and fifty-five, together with the action of said Board of Supervisors on said petitions in incorporating said towns, and all elections held and officers elected and qualified under the orders of the Board of Supervisors made on said petitions, together with all ordinances, orders and assessments by them made and duly recorded in the minute books of said towns, respectively, are hereby declared legal, valid and binding. SEC. 2. This Act shall take effect and be in force from and after its passage. Trusts vest ed in the State on death of trustee. CHAPTER CXC. An Act to provide for the more certain execution of express trusts in case of the death of the last surviving trustee. [Approved March 14, 1868.] The People of the State of California, represented in Senate and SECTION 1. Upon the death of the last surviving trustee of an express trust, the trust estate shall not descend to his heirs nor pass to his personal representatives, nor to any assignee or devisee; but the trust, if then unexecuted, shall vest in The People of the State of California, with all the powers and duties of the original trustee, and shall be executed by some person appointed for that purpose by the District Court for the county in which the property held in trust, or some part thereof, shall be situated at the time of the death of such surviving trustee, and under the direction of that Court, upon such previous notice to the Attorney-General, representing the State in that behalf, as the Court conducting the proceedings shall prescribe. tees now SEC. 2. The provisions of this Act shall extend to all express where trustrusts heretofore created, provided the trustee or trustees shall alive. be alive at the time of the passage of this Act, and to all express trusts hereinafter created. SEC. 3. This Act shall take effect immediately on its passage. CHAPTER CXCI. An Act to amend an Act entitled an Act concerning roads and highways in the County of Santa Clara, approved March thirty-first, one thousand eight hundred and sixty-six. [Approved March 14, 1868.] The People of the State of California, represented in Senate and SECTION 1. Section five of said Act is hereby amended so as to read as follows: Section 5. Any person or persons owning or claiming lands Claims for through or upon which it is proposed to locate and establish a damages. public highway, and desiring to apply for damages in consequence of such location, shall make application by petition, in writing, to the Board of Supervisors, on the day on which the application for such location shall be made according to notice, wherein they shall set forth the particular road referred to, the amount and character of the land affected thereby, and any other circumstances having relation to the subject of damages upon such land; provided, that the legal guardians of minors, idiots or insane persons shall be authorized and required to take all the measures in the premises which may be necessary fully to protect their rights. All persons who fail to make applica- Default of tion for damages within the time and in the manner specified in application. this section shall be considered as waiving all rights to damages and as dedicating the lands affected by the proposed location or alteration to the public use as a highway; and their failure so to do shall forever be a bar to any action for damages in any of the Courts of this State. SEC. 2. Section twenty of said Act is hereby amended to read as follows: poll tax and Section 20. At the session of the Board of Supervisors for Levy road levying, State, county and other taxes, the said Board shall levy property upon each able-bodied man, except Indians, between the ages of tax. twenty-one and fifty years, a road poll tax of two dollars; and 1 upon all taxable property in the county a tax, for road purposes, of not more than forty cents upon each one hundred dollars, which sum shall be allowed and collected as all other taxes, except as hereinafter provided; and for the purpose of carrying out the provisions of this section, the Board of Supervisors are hereby authorized and required to levy said taxes, which may be done at any time, either at a special meeting of the Board for that purpose or at a regular meeting thereof, as the necessity of the case may require; and the Assessor, in cases How aswhere he has already made his assessment, shall place in a sep sessed. |