form Road Fund. contract the same was issued. Said bond or bonds shall then be delivered to such purchaser or purchasers, or contractor, as the case may be, his or their agents, as the case may require. Said County Treasurer shall then pass the amount of money so re- Proceeds to ceived from said purchaser or purchasers when the same are sold, as herein set out, to the credit of a fund, hereby established, called "Humboldt Wagon and Turnpike Road Fund;" and if any bidder whose bid shall be accepted shall fail to pay the money or accept the bonds, as provided in this section, he shall forfeit all right to his bid, and shall, with his guarantees, be liable to an action, by the County Treasurer of said county, for the benefit of said fund, for any damage resulting from such failure to comply with the conditions of his bid, in pay[ing] over the purchase money or accepting said bond. pur SEC. 10. The right of way is hereby granted to said county, Right of way for the purpose of constructing said roads, along the routes mentioned in the preceding sections of this Act; and said roads shall be so constructed as to be adapted to the purpose of transportation of merchandise on wagons and teams of all classes, with bridges, culverts and other appurtenances to the same; and for the purposes of making repairs on the said roads, Tolls for or either of them, after its completion, and for no other repairs. pose, the said Board of Supervisors, if they see fit, may at any time after said roads or either of them is completed, authorize and direct the collection of tolls for the use of the same, or any part thereof, under such lawful regulations as they inay direct; provided, such tolls shall in no case be collected after the same shall amount to a sum as large as the estimated cost of repairs thereon for any one year; and provided, that if the General Government should hereafter make any special grants of lands to said county for road purposes, no tolls shall be charged or recovered from said Government for any purpose or at any time for the use of said roads or either of them; and provided, it shall not be lawful for the Board of Supervisors of Mendocino County, or any other county, or any authority thereof, to incorporate any road company of any description that shall have power or the right to collect any tolls whatever on any road therein, now or hereafter to be established, connecting directly and only with the road in this Act mentioned. interest. SEC. 11. The Board of Supervisors of Humboldt County, if Tax to pay the voters of said county vote for the issuance of said bonds as herein provided, are hereby empowered and directed, at their regular meeting appointed or authorized by law for the levying by the said Board of general taxes for county purposes in each year, commencing in the year A. D. eighteen hundred and sixtynine, and continuing the same thereafter from year to year, as long as it may be necessary, to levy a tax upon all the taxable property in said county, payable in gold and silver coin of the United States, sufficient to pay the whole amount of interest on the said bonds herein before mentioned, whether sold or unsold. This tax shall be designated as the "Bond Interest Tax," and shall be collected as other taxes in said county are collected. It shall be paid into the County Treasury and shall there constitute a fund to be designated as the "Bond Interest Fund." And said Board of Supervisors are hereby empowered and di Tax to redeem bonds. Surplus of interest tax. rected, at their regular meeting appointed or authorized by law for the levying of taxes for county purposes in each year, commencing in the year A. D. eighteen hundred and sixty-nine, and thence continuing from year to year as long as it may be necessary for that purpose, to levy a special tax, payable in gold and silver coin, not to exceed fifteen cents on the one hundred dollars worth of taxable property in said county, for the purpose of raising a fund for the liquidation of said bonds, which shall be called the "Bond Redemption Fund." The said taxes shall be levied and collected in the same manner and by the same persons, and under the same rules and regulations, that the general laws direct for the collection of State and county taxes, and when collected shall be paid to the Treasurer of said Humboldt County, to be applied: First-The Bond Interest Fund, to the payment of any interest falling due on said bonds or any of them outstanding. Second-The Bond Redemption Fund, to the redemption of said bonds, as hereinafter provided. SEC. 12. If there should be collected as interest tax in any one year a sum greater than is required to pay the interest on said bonds, as by this Act prescribed, then such surplus shall be passed over into the said Bond Redemption Fund; and if the Deficiency. Bond Interest Fund should at any time be inadequate for the purposes for which it is created, then it shall be the duty, on the direction of the Board of Supervisors, for the County Treasurer to supply the deficiency, if practicable, from the Bond Redemption Fund; provided, that publication for the redemption of said bonds is not at such time being made, as hereinafter provided. Payment of interest. Redemption of bonds. SEC. 13. It shall be the duty of said Board of Supervisors to make arrangements for the payment of the interest on said bonds when the same falls due, at least thirty days before the time of payment; and in the event that the Bond Interest Fund and said Bond Redemption Fund are insufficient for that purpose, such deficiency shall be made good out of the General Fund of said Humboldt County; and in the event that the General Fund of said county is insufficient for that purpose, then the said Board of Supervisors of Humboldt County are empowered and required hereby to promptly make such contracts and arrangements as may be necessary for the payment of said interest and the protection of the faith and credit of said Humboldt County. SEC. 14. Whenever at any time there shall be in said Bond Redemption Fund a sum of money amounting to three thousand dollars or upwards, the said Board of Supervisors shall advertise in some newspaper published in said county, to be designated by the said Board, best calculated to give the greatest publicity (and to be published for a space of not less than four weeks) for scaled proposals for the redemption of bonds issued under this Act; provided, said Board may cause a like notice, for the length of time they may deem proper, to be published in some daily newspaper published in the City of San Francisco; but said notice, if published in said city, shall not conflict with the terms of any other publication or authorization of publication provided for by this Act. Bids for the redemption of bonds issued posals for under this Act shall be received up to the time specified in the said notices for the opening of such sealed proposals, which shall not be less than twenty days from the date of the last publication of said notice in any newspaper office; and at same time and place, to be exactly specified in said notice, such time to not be more than thirty days from the date of the last publication of said notice, as aforesaid, the said Board of Supervisors shall open the sealed proposals duly received and shall pay and liquidate, as far as the Bond Redemption 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 If no proless than par value, then the payment of said Bond Redemption less than Fund then on hand shall be made on bonds then outstanding par value, according to their issue, commencing with the lowest number unredeemed, of which the said Board of Supervisors shall give four weeks notice by publication in some newspaper best calculated to give publicity of the numbers, amounts and dates 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 Bond Redemption Fund for the extinguishment of all the outstanding bonds issued under this Act, it shall be the duty of said Board of Supervisors to advertise in like man- When inner, for the space of four weeks, for the redemption of all the terest to outstanding bonds issued under this Act, after which time said bonds shall cease to draw interest. cease. SEC. 15. Whenever any bonds shall have been paid and re- Cancelling. deemed by the said Board of Supervisors, they shall at once mark the same "Cancelled," over their signatures, in plain, bold handwriting, extending across the middle of the face thereof, and cut the same half in two, by two cuts, near the middle thereof, and one inch or more apart, and shall then immediately deliver the same to the County Treasurer, taking his receipt therefor, who shall, upon receiving the same, mark them with the word "Dead," in red ink, in plain, bold letters, and file the same in his office of County Treasurer. sation. SEC. 16. The said Board of Supervisors, and all other officers Liabilities herein specified, for the performance of their duties under the and compenprovisions of this Act, shall, in all things herein required of them, be subject to all the liabilities and penalties to which they are subjected in the performance of any other duties of their respective offices. The Board of Supervisors may allow themselves and the other Road Commissioners herein named a reasonable compensation, not to exceed three dollars per day for each day's services actually performed, and the fees of the other officers shall be as by law established for like service-all to be paid out of moneys arising from the sale of said bonds, and not otherwise; but not more than one hundred dollars shall be paid in the aggregate to any one of said Board of Commissioners for service rendered by them under this Act. cers not to It shall be a felony, punishable by imprisonment in County offthe Penitentiary for a period not to exceed five years, for any be interested member of the Board of Supervisors or of the Board of Road in contracts. Commissioners by this Act created, or for any officer of the 550 Official bonds When road County Government, or any of their deputies, to be interested SEC. 18. It shall be lawful, and it is hereby made the duty of said Board of Supervisors, to require bonds of said County Treasurer and County Clerk, in such sum as said Board shall designate, for the faithful performance of all duties assigned said officers, respectively, under this Act; and said Board may in like manner require bonds of all persons employed by said Board under this Act in any way for the faithful and proper discharge of the duties incumbent upon such persons. SEC. 19. Whenever said road, for the construction whereof completed. this Act provides, shall be completed as herein provided, it shall be the duty of said Board to so declare by order entered in their minutes; and if at such time there shall be any of the said bonds mentioned in this Act not issued or sold it shall be the duty of the said Board of Supervisors to write thereon, or cause to be written thereon, in plain, bold handwriting, extending across the face thereof, the words, "Void and unsold," and each Supervisor shall sign his name thereto, and such bonds, the middle thereof, shall be cut half across. When so mutilated they shall be filed with other redeemed bonds. SEC. 20. This Act shall take effect from and after passage thereof. When a woman may sue or be sued alone. CHAPTER CCCCXXVII. An Act to amend sections seven, five hundred and thirty-five and five hundred and forty-one of an Act entitled an Act to regulate proceedings in civil cases in the Courts of Justice of this State, approved April twenty-ninth, eighteen hundred and fifty-one. [Approved March 30, 1868.] The People of the State of California, represented in Senate and SECTION 1. recited in the as follows: Section seven of the Act the title of which is title of this Act is hereby amended so as to read Section 7. When a married woman is a party, her husband shall be joined with her; except, first, when the action concerns her separate property or her right or claim to the homestead property, she may sue alone; second, when the action is between herself and her husband, she may sue or be sued alone. SEC. 2. Section five hundred and thirty-five of the aforesaid Act is hereby amended so as to read as follows: from Jus Section 535. No person shall be held to answer to any sum- Summons mons issued against him from a Justice's Court, in a civil action, tices' Courts in any township or city other than the one in which he shall reside, except in the cases following: First-When there shall be no Justice's Court for the township or city in which the defendant may reside, or no Justice competent to act on the case. Second-When two or more persons shall be jointly or jointly and severally bound in any debt or contract, or otherwise jointly liable in the same action, and reside in different townships or different cities of the same county, or in different counties, the plaintiff may prosecute his action in a Justice's Court of the township or city in which any of the debtors or other persons liable may reside. Third-In cases of injury to the person, or to real or personal property, the plaintiff may prosecute his action in the township or city where the injury was committed. Fourth-Where personal property, unjustly taken or detained, is claimed, or damages therefor are claimed, the plaintiff may bring his action in any township or city in which the property may be found, or in which the property was taken. Fifth-When the defendant is a non-resident of the county, he may be sued in any township or city wherein he may be found. Sixth-When a person has contracted to perform any obligation at a particular place, and resides in another county or in a township or city of the same county, he may be sued in the township or city in which such obligation is to be performed or in which he resides; and for the purpose of Justices' Courts' jurisdiction under this clause, the township or city in which the obligation is incurred shall be deemed to be the township or city in which it is to be performed, unless there is a special contract to the contrary. Seventh-When the foreclosure of a mortgage or the enforcement of a lien upon personal property is sought by the action, the plaintiff may sue in the township or city where the property is situated. Eighth-Any person or persons residing in the City of San Francisco may be held to answer to any summons issued against him or them from the Court of a Justice for any township within the corporate limits of the City of San Francisco, in any action or proceeding whereof Justices of the Peace of the City or County of San Francisco have or may have jurisdiction by law; provided, nothing herein contained shall be construed to allow any Justice of said city or county to hold a Court in any other township than the one for which he shall have been elected. SEC. 3. Section five hundred and forty-one is hereby amended so as to read as follows: Section 541. The time in which the summons shall require the defendant to appear and answer the complaint shall be as follows: First-If the plaintiff and defendant reside within the township when the action is brought, within ten days after the service thereof. When deanswer com fendant to plaint. |