Buildings, etc., to be removed days. SEC. 17. Should the owners of any land taken for said street fail or neglect, within the space of thirty days after the within thirty money is in the treasury to pay for the same, to remove the buildings and improvements from their said lands, and deliver possession of said lands to said Board, on tender from said Board to them, respectively, of the sums awarded to them, respectively, by said Board, as the value of such lands, buildings, or improvements, then the said Board may, at any time thereafter, sell such buildings and improvements at public auction, to the highest bidders, to be removed by the respective purchasers thereof. The sums so bid at such sales shall be paid in cash, or in such warrants of said Board; and if at such auction there shall be no responsible bidder for such improvements, with the obligation to remove them within the time specified in the terms of sale, the said Board shall cause the same to be removed at the cost of said Seventh Street Fund. Grading, etc. Drawbridge. SEC. 18. The said street, when opened and established, shall without delay be graded, macadamized, and converted [culverted] by the said Board of Commissioners, in accordance with the provisions of law now or hereafter applicable thereto, and as to the said Board shall seem necessary. The expense of grading, macadamizing, and culverting Seventh Street, from King to Center Street, as herein provided, is included in said assessment, and shall be paid out of said Seventh Street Fund, in like manner as for the opening, grading, macadamizing, and culverting of said street, excepting and reserving therefrom the expense of constructing the bridge herein mentioned, which is to be paid out of the General Fund of the treasurer [treasury] of the City and County of San Francisco. SEC. 19. The word "persons," when used in this Act, shall be held and construed to include corporations. All warrants shall be payable and all taxes shall be collected in United States gold coin. SEC. 20. The said Board of Commissioners are hereby authorized and directed to grade to the official grade, as now provided by law, and without delay, that portion of Seventh Street, as now laid down upon said maps, lying between the said line of King Street and the southerly line of Center Street, except that portion thereof used for constructing said bridge, and to macadamize and culvert the same; and the expense of such work is included in said assessments, and shall be paid out of said Seventh Street Fund; and all the foregoing provisions are made applicable to the work contemplated in this section, when not inconsistent therewith. SEC. 21. The Board of Supervisors of the City and County of San Francisco are hereby authorized and directed to construct a draw-bridge, of such capacity, dimensions, and materials as to the said Board of Supervisors shall seem necessary, across Channel Street, as now laid down upon the maps of said city and county, extending from the northerly line of said Channel Street, where Seventh Street intersects the same, to the southerly line of said Channel Street, where Seventh Street intersects the said southerly line thereof, said bridge to be a free public bridge, and to be suitable for all traveling purposes, and to receive and discharge the waters of the sewer and creek in Mission Bay. SEC. 22. The said bridge shall be constructed at the same time that the other work contemplated herein shall be completed, or as soon before or after as the same can be constructed; and it shall be on such official grade as to conform to the grade of said Seventh Street; and all costs and expenses of constructing and maintaining said bridge, and the costs and expenses incidental thereto, shall be paid out of the General Fund of the treasury of said city and county. SEC. 23. When said street shall be opened, established, When street graded, macadamized, and culverted, and said Seventh Street shall be graded, macadamized, and culverted from King to Center Street, as in this Act provided, the same shall be turned over to the City and County of San Francisco, and thereafter shall be subject [to] the same rules, regulations, and ordinances, and maintained, managed, and improved, as other open public streets in said city and county now are or hereafter may be. is SEC. 24. The State of California does hereby grant to the State lands. City and County of San Francisco all lands belonging to said State within the exterior lines of said piece of land taken for a public street, and within exterior lines of Seventh Street, from said King Street to said northerly line of Center Street, for the purposes thereof. SEC. 25. All Acts and parts of Acts inconsistent or conflicting with this Act, or any of the provisions thereof, are hereby repealed. SEC. 26. This Act shall take effect immediately. CHAP. DX.-[See volume of Amendments to the Codes.] CHAP. DXI.-An Act to confer on the Board of Trustees of Swamp Land District Number Seventeen, San Joaquin County, additional powers. [Approved April 3, 1876.] The People of the State of California, represented in Senate and Trustees. SECTION 1. The Board of Trustees of Swamp Land District Powers of Number Seventeen, San Joaquin County, shall have power to elect one of their number President thereof, and to elect from the land owners in said district a Treasurer and Secretary, and to employ engineers to survey, plan, locate, and estimate the cost of the work necessary for reclamation of the lands in said district, and the land needed for right of Charges. Charges to be lien. Notice of charges. Collection of way, including drains, canals, sluices, water-gates, and embankments, and material for construction, and to construct, maintain, protect, complete, and repair all works necessary to the object in view, and shall have full power to levy assessments for such purposes. SEC. 2. The Board of Trustees must make a list of the charges assessed against each tract of land, containing: First-A description, by legal subdivision, swamp land surveys, or natural boundaries, of each tract assessed. Second-The number of acres in each tract. Third-The names of the owners of each tract, if known, and if unknown, that fact. Fourth-The amount of charges assessed against each tract. SEC. 3. The list so made must be filed with the Secretary of the Board of Trustees, and from and after the filing of the list, the charges assessed upon any tract of land within said district constitutes a lien thereon. SEC. 4. The list thus prepared must remain in the office of the Secretary of the Board of Trustees for thirty days, or longer, if ordered by the Board of Trustees, and during that time any person may pay the amount of the charge against any tract of land to the Secretary without cost. All assessments are payable only in United States gold coin. Notice shall be given of the charges made as aforesaid against each tract, piece, or parcel of land, by publication in a newspaper published in said county, for at least thirty days. SEC. 5. If at the end of thirty days, or of the longer time assessments. fixed by the Board of Trustees, all the charges have not been paid, the Board of Trustees must place the list in the hands of an attorney for collection who must at once commence actions against all delinquents for the collection of such delinquent assessments, with legal interest thereon from the time the list was delivered to him, and costs, and for the enforcement of the lien on the land assessed, in the District Court of the county in which the same is situated, against the person to whom the same is assessed, and if assessed to unknown owners, then against the land so assessed, and all persons, known or unknown, having or claiming any interest therein. Service of complaint and summons in such actions may be made in the manner prescribed by the Code of Civil Procedure. In case of a suit brought for the recovery of an assessment made against unknown owners and their lands, the summons shall be served by publication for at least four consecutive weeks in a newspaper published in the county. Sales of property. SEC. 6. In such actions the Court may decree and adjudge a lien against the tracts assessed and order them to be sold on execution or decree as in other cases of sale of real estate. The judgment for decree must direct that the sale be made for gold or silver coin of the United States. The moneys collected must be paid to the Treasurer of the Board of Trustees. SEC. 7. This Act shall take effect and be in force from and after its passage. CHAP. DXII-[See volume of Amendments to the Codes.] CHAP. DXIII.-[See volume of Amendments to the Codes.] CHAP. DXIV.-[See volume of Amendments to the Codes.] CHAP. DXV.-An Act to provide for the appointment of Commissioners of Transportation, to fix the maximum charges for freights and fares, and to prevent extortion and discrimination on railroads in this State. [Approved April 3, 1876.] The People of the State of California, represented in Senate and CHAPTER ONE. three Com SECTION 1. On or before the fifteenth day of May, eighteen Governor to hundred and seventy-six, the Governor shall appoint three appoint competent persons, to be styled Commissioners of Transpor- missioners. tation, who shall hold office for the period of two years and until their successors are appointed and qualified. The per- Commissionsons who are so appointed shall have no official connection with, nor be in the employ of any railroad corporation or parties. company, nor shall they, during their term of office, own or be interested in the stock, bonds, or other property thereof. Said Commissioners shall have their office in the State Capitol building, at Sacramento. ers to be disinterested SEC. 2. Before entering upon the discharge of the duties oath of Comof their office, each of said Commissioners shall take an oath missioners, or affirmation to support the Constitution of the United States and of this State, and to faithfully and honestly discharge his duty as such Commissioner, and that he is not an officer, stockholder, or employé of any railroad, or in any way interested therein, or a stockholder, officer, or employé, or in any way interested in any express or freight company doing business on any of the railroads in the United States, and the said Commissioners shall be citizens of this State: they shall each execute and file with the Secretary of State Bond. an official bond, with good and sufficient sureties, to be approved by the Governor, in the penal sum of ten thousand dollars, conditioned for the faithful performance of their duties under this Act. Secretary. Salaries. SEC. 3. The salary of each Commissioner shall be three thousand dollars per annum, to be paid by the State of California in the same manner as the salary of other State officers are paid. They shall have power to elect one of their numMay employ ber President of said Board, to employ a Secretary at a salary of not exceeding eighteen hundred dollars per annum, and shall be allowed a contingent fund of not exceeding twentyfive dollars per month to defray the necessary expenses of fuel and stationery; the Commissioners and their Secretary stationery. shall be transported, in the discharge of their duties, over the various railroads owned by corporations within this State, free of charge. Fuel and Commission ine roads. needed repairs. SEC. 4. It shall be the duty of such Commissioners, wheners to exam ever they shall deem it necessary, to inspect all railroads, bridges, etc., operated by steam power, within this State, and to examine and report the same with reference to the security and accommodation of the public; and if, on such examination, in their opinion any of the tracks, bridges, or other structures or works thereof, are unfit for the transportation of passengers with reasonable safety, it shall be their duty to give to the Superintendent, or other executive officer of the company working or operating said defective track, bridge, or other structure, notice of the condition thereof and the repairs necessary to place the same in a safe condition; and if any Superintendent, or other executive officer aforesaid, receiving such notice and order, shall willfully neglect to commence repairing the same for the period of two days after receiving such notice. repair, a mis- and order, such Superintendent, or other executive officer, shall be deemed guilty of a misdemeanor. Willful neglect to demeanor. Petitions for tracks, etc. Action against cor SEC. 5. Whenever a petition, signed in good faith by fifty stations,side- or more property-holders residing withing ten miles of any proposed station, switch, or side-track, shall be presented to the Commissioners, praying for the establishment of a new station, switch, or side-track, the Commissioners shall notify the managers of such railroad of such petition, and appoint Hearing of a time and place for hearing the same. Should the corporation neglect or refuse to comply with the award of the Commissioners, it shall forfeit the sum of one hundred dollars per day from the time fixed by the Commissioners for the completion of the work required, until such work shall be actually completed, to be recovered to the use of the State by suit instituted by said Commissioners in any Court of competent jurisdiction; provided, that said Commissioners shall not require such new station, switch, or side-track to be established within less than six miles of one already established. SEC. 6. Within thirty days after the appointment of said Commissioners, they shall cause a copy of this Act to be upon corpo served upon every such railroad corporation engaged in the business of transportation within this State; within ten days after the receipt of such notice, it shall be the duty of such corporation respectively to file with the Commissioners, and Corporations in the office of the Secretary of State, and in the office of the to file state- County Clerk of each county in which the road is located, a within ten copy, verified by the oath or affirmation of the President, or other chief executive officer, of all and singular the tariffs and poration, on refusal to comply with award. Commissioners to serve rations. ments days. |