or such street-crossings or sidewalks be constructed, as the case may be.

do work.

SEC. 12. In all cases, the owner or owners of land front- Owners may ing on any street whereon the Board of Trustees may have directed work to be done in repairing streets, or constructing street-crossings or sidewalks, shall have the right to do such work, or to cause it to be done, at any time within thirty days after the Trustees shall have made the order directing the same to be done.

SEC. 13. If any of the owners of land fronting on such When street shall neglect, for thirty days after the Board of Trus- neglect. tees shall have made an order to grade or repair the street to its center, or to construct a street-crossing or sidewalk thereon in front of his or her own property, such person or persons shall be deemed to have consented that the Board of Trustees shall cause the same to be done at the expense of such owner, as in this Act provided.

contractors.

SEC. 14. If, at the expiration of thirty days after the Notice to Trustees shall have made the order directing any street to be graded or repaired, or street-crossings or sidewalk to be constructed, as provided in this Act, such work shall not have been done by the owners of the land, then the Board of Trustees shall advertise for sealed proposals to do such work, and shall contract for the doing thereof as hereafter provided. Such advertisement shall be given by posting notices for at least ten days, in three public places in said town. Such notices shall be signed by the President of the Board of Trustees, and shall specify the location and general nature of the work to be done, and shall state where the specifications. can be seen, and the time when the sealed proposals for doing the work will be opened, which time shall not be less than ten nor more than fifteen days after the posting of such notices.

bids.

SEC. 15. At the time designated in the notice, the Board Opening of of Trustees shall open the sealed proposals which shall have been submitted, and shall declare and enter upon their journal the name of the lowest responsible bidder, and the amount of his bid.

SEC. 16. So soon as sealed proposals shall have been Letting of opened and the lowest bidder declared, as provided in the contract. preceding section, the President of the Board of Trustees shall cause notice thereof to be given, by posting notices in three public places in said town, stating therein generally the nature of the work proposed to be done, and the place, and the place where the same is to be done, the name of the owner or reputed owner of the land in front of which such work is proposed to be done, the name of the lowest bidder, and the amount of his bid for doing the work; and that, unless the owner shall, within three days after the posting of such notices, file with the Board of Trustees an agreement, in writing, to do the work according to the specifications, within thirty days thereafter, that contract will be awarded to such lowest bidder at the expense of such owner, and if, at the expiration of three days after the posting of such notices, such owner or owners shall have neglected to file

Same: liability of owners

with the Board of Trustees his or their written consent to do the proposed work within thirty days thereafter, according to the specifications adopted by the Board of Trustees, such owner or owners shall be deemed to have consented that the work shall be done by the person who may have been declared the lowest bidder, and at the price of his bid, at the expense of such owner, and the Board of Trustees shall thereupon immediately award the contract to the person who may have been declared the lowest bidder, at the price specified in his bid, and the expense of such work, to the amount of his bid, shall be a debt against such owner, and a lien upon the land and premises of the person so neglecting and refusing, which may have a frontage upon the portion of the street where such work shall have been done, which lien shall not be discharged until the contract price for such work shall be paid in United States gold coin.

SEC. 17. Should the owner of land fronting on any street for expenses, at the place where it is proposed to make improvements in the street, or crossing, or sidewalk, neglect or refuse for thirty days, after having filed with the Board of Trustees his consent to do such work, as provided in the preceding section, the Board of Trustees shall award the contract to the person who may have been declared to be the lowest bidder, or to any other person who shall contract to do the work at the price of such bid, without any other or further notice; and where a contract shall be awarded by the Board of Trustees to grade or repair a street, or to construct street-crossings or sidewalks thereon, as provided in this Act, and the work shall be done under such contract, the Board of Trustees may cause an action to be commenced in the name of the Town of Martinez, against any owner of land liable for such work, to recover the contract price of such work from such owner; or the Board of Trustees may, by an order or resolution entered upon their journal, authorize the contractor to sue for and collect the amount due on the contract, in his own name; and upon such order being made, the contractor may bring suit in his own name, against such delinquent owner, in any Court of competent jurisdiction, to recover the amount due on such contract; and for purposes of such action the defendant shall be deemed to be a resident of said town, and the Trustees of said town to have been, and to have acted as, the agent of such owner in making and awarding such contract, and such owner shall also be deemed to have consented to the making thereof; and any judgment recovered in any such action shall be payable in United States gold coin; and if judgment be rendered in favor of the plaintiff, such judgment shall carry costs and disbursements, together with interest on the amount found to be due, from the time the work was completed, at the rate of ten per cent. per annum; and the Court shall also allow to the plaintiff a reasonable attorney's fee, to be added to the judgment, and the Court may order the premises, in front of which such work was done, to be sold to satisfy such judgment.

Annual tax.

SEC. 18. The Board of Trustees of said Town of Martinez may cause to be levied and collected annually, a tax not

exceeding fifteen cents on each one hundred dollars' worth of taxable property in said town, for payment of actual necessary expenses for stationery, and costs in causing to be enforced the ordinances of the Board of Trustees of said town. Such tax shall be assessed by the Town Assessor and collected by the Town Collector in same manner as State and county taxes are required to be assessed and collected, and the revenue laws of this State, far as applicable, shall apply to the assessment and collection of such taxes.

ordinances;

limit

SEC. 19. The Board of Trustees may by resolution appoint Enforcing the Sheriff, or Under-Sheriff, or Constable in the Town of it to inMartinez, to cause to be enforced and carried into effect any debtedness. ordinance which may be passed by the Board of Trustees by authority of this Act, or the provisions of an Act entitled an Act to prevent hogs, horned cattle, goats, and horses from running at large in the Town of Martinez, Contra Costa County, approved March eleventh, one thousand eight hundred and seventy-four. But the Board of Trustees shall have no power to create any debt or liability whatever, against said town, for any purpose, nor to do any act in the name of the Town of Martinez, except as in this Act and for the purposes in this Act provided, and no member of the Board of Trustees shall receive, directly or indirectly, any compensation whatever for his services as such Trustee. The Board of Trustees may allow the Town Assessor, for making an assessment of the property in the town, a sum not exceeding twenty-five dollars for each year, and the Collector not exceeding twenty-five dollars, for collecting the tax for any one year.

Trustees, Assessor, and

SEC. 20. The County Clerk of Contra Costa County shall, Election for immediately after the passage of this Act, order an election to be holden in the Town of Martinez for the election of Collector. three Trustees, and an Assessor, and Collector for said town. Such order shall specify a day on which said election will be holden. Said election shall be holden at the Court-house, and at a time not less than ten nor more than fifteen days after the date of the order; and in his order the Clerk shall appoint three qualified electors of said town to act as a Board of Election. Such order shall be posted in three public places in said town for at least ten days prior to such election. Such election shall be holden and conducted, as near as practicable, according to the general laws regulating elections in this State. The Board of Election shall issue certificates of election to the persons receiving the highest number of votes.

SEC. 21. At least ten days before the time prescribed in Annual this Act for the annual election in said town, the Board of elections. Trustees shall appoint three qualified electors of said town to act as a Board of Election, and shall designate a place where such election will be held, and cause notices thereof to be given by posting notices in three public places in the town for at least five days before each annual election. And if at any time, from any cause, the citizens of said town shall fail to hold the annual election for officers, as provided in this Act, the County Clerk of Contra Costa County shall, upon

the request of any citizen of said town, order an election to be holden for the election of such officers, and shall appoint a Board of Election, and give notice as prescribed in section twenty of this Act, and such Board of Election shall issue certificates of election to the persons elected, as provided in section twenty. All poll lists and the ballots cast at any town election shall be returned to and filed with the Board of Trustees.

SEC. 22. This Act shall take effect from and after its passage.

tions.

CHAP. DXLVII.-An Act making appropriations for benerolent purposes.

[Approved April 3, 1876.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows :

Appropria- SECTION 1. The following sums of money are hereby appropriated for the objects and purposes herein expressed: Magdalen Asylum, San Francisco, five thousand dollars; San Francisco Female Hospital, six thousand dollars; Ladies' Protection and Relief Society, San Francisco, seven thousand five hundred dollars; California State Woman's Hospital, four thousand dollars; San Francisco Lying-in and Foundling Hospital, six thousand dollars; Protestant Episcopal Church Home, San Francisco, one thousand dollars; Old Woman's Home (Rincon Hill), San Francisco, fifteen hundred dollars; Little Sisters' Infant Shelter, San Francisco, two thousand dollars; Sisters of Mercy Hospital, Los Angeles, two thousand dollars; Howard Benevolent Association, Sacramento, two thousand five hundred dollars; Stockton Ladies' Benevolent Association, one thousand dollars; Marysville Benevolent Association, one thousand dollars; Napa Ladies' Relief and Protection Society, one thousand dollars; Ladies' Benevolent Society of Placerville, one thousand dollars; St. Vincent de Paul Society, San José, five hundred dollars; St. Luke's Hospital, San Francisco, one thousand five hundred dollars; Scandinavian Ladies' Home, San Francisco, five hundred dollars; Ladies' Relief Society, Sacramento, one thousand dollars; California Prison Commission, two thousand dollars; Vallejo Ladies' Benevolent Association, one thousand dollars; Oakland Ladies' Relief Society, one thousand dollars; San José Ladies' Benevolent Society, one thousand dollars; San Diego Benevolent Society, one thousand dollars; Pacific Dispensary for Women and Children, San Francisco, one thousand dollars; Grass Valley Ladies' Relief Society, one thousand dollars; Nevada City Benevolent Society, one thousand dollars; to the Ladies' Aid Society, Petaluma, one thousand dollars. No more than one-half of the respective appropriations made under this Act shall be drawn during the twenty-eighth fiscal year.

CHAP. DXLVIII.-An Act to create a City Criminal Court in and for the City and County of San Francisco, to define its powers and jurisdiction.

[Approved April 3, 1876.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

created.

SECTION 1. There is hereby created and established, in criminal and for the City and County of San Francisco, a Court to be Court known and designated as the City Criminal Court, which Court shall have concurrent jurisdiction of all preliminary examinations of persons charged with felony în said City and County of San Francisco.

of.

SEC. 2. Whenever any person, who is charged with mis- Jurisdiction demeanor in the Police Judge's Court of the City and County of San Francisco, shall demand a jury trial, the case shall be assigned and certified for trial to the City Criminal Court; and all persons indicted by the Grand Jury of said City and County of San Francisco for misdemeanor shall be tried for said offense in the City Criminal Court. The mode of examination, trial, and procedure in the City Criminal Court shall in all cases be governed by the same rules pre-/ scribed by law for other Courts in similar cases.

SEC. 3. A Judge of the City Criminal Court shall be elected Judge, at the judicial election to be held in eighteen hundred and election of seventy-seven, and every four years thereafter, whose term

of office shall be four years. The Governor of the State of Governor to California shall, within thirty days after the passage of this point. Act, appoint some suitable person as Judge of the City Criminal Court, who shall hold such office until his successor shall have been elected and qualified. The compensation of the Salary. Judge of the City Criminal Court shall be four thousand dollars per annum, payable in the same manner as the salary of the Police Judge of said city and county is now paid.

and Clerk,

SEC. 4. The City Criminal Court shall hold its session in Attorney the City and County of San Francisco, in such central or salaries of. convenient place as shall be provided for that purpose by the Board of Supervisors of said city and county. The said Board of Supervisors shall also, within thirty days after the passage of this Act, elect some suitable person as Prosecuting Attorney of the City Criminal Court, at a salary of two thousand four hundred dollars per annum, and shall elect a Clerk for said Court, at a salary of eighteen hundred dollars per annum, payable in the same manner as the salaries of the Judge and Clerk of the Police Judge's Court of said city and county are now paid.

SEC. 5. The Judge of the City Criminal Court shall be a conservator of the peace in said City and County of San Francisco, and may exercise all the powers conferred by law upon the Police Judge as magistrate.

SEC. 6. The Chief of Police shall assign a police officer Bailiff. to act as Bailiff of said City Criminal Court, who shall receive no extra compensation for such services.