the said Marshal may enter into contract with any suitable person applying to make said improvements at the expense of the owner, occupant, tenant, or lessee, at a reasonable price, to be determined by said Marshal; and such owner, tenant, or occupant, shall be liable to pay the same. After the certificate mentioned in the succeeding article shall have been recorded by the Marshal, the sum contracted for shall be a lien upon the lands and lots liable therefor, the same as provided in article three of this section, and may be enforced in the same manner.

Article Seven-If the expense of the work and materials Contractor for such improvements, after the completion thereof, be not from owners. paid to the contractor, or his agent or assigns, on demand, the said contractor, or his agents or assignees, shall have the right to sue the owner, tenant, or occupant, under the provisions of this Act, for the amount contracted to be paid, and the certificate of the Marshal 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 claimed for said work and material, and the right of the contractor to recover the same in such action.

be fined for neglect.

Article Eight-In addition and as cumulative to the reme- owners may dies above given, the Town Trustees shall have power, by resolution or ordinance, to prescribe the penalties that shall be incurred by any owner or person liable therefor, for neglecting or refusing to make improvements when required as provided in article six of this section, which fines and penalties shall be recovered by prosecution in the name of the people of the State of California, in the Court having jurisdiction thereof, and may be applied, if deemed expedient by the said Trustees, in payment of the expenses of any such improvements, when not otherwise provided for.

when may

Article Nine-Any tenant, occupant, or lessee of the lands Assessments, or lots liable for the costs of such improvements, may pay be paid. the amount assessed against the property of which he is the tenant, occupant, or lessee, under the provision of this Act, or he may pay the price agreed upon to be paid, under the provisions of this section, either before or after suit brought, together with cost to the contractor, or his agent or assigns, or may redeem the property, if sold on execution or decree for the benefit of the owner, within the time prescribed by law, and deduct the amount so paid from the rents due or to become due from him; and for any sum so paid beyond the rents due from him, he shall have a lien upon, and may retain possession of the said lands and lots, until the amount so paid and advanced be satisfied, with legal interest, from accruing rents, or by payment by the owner.

Marshal.

Article Ten-The Marshal shall keep in a book for that Duties of purpose a record of all street work that shall be done, and for the recording of all street assessments as provided in this Act, and shall superintend the making of all improvements of the streets, sidewalks, and public grounds, and require all contractors to faithfully comply with the terms of their contract, before the work shall be accepted by him. He shall also see that the laws, orders, and regulations, relating to the

Debts and liabilities.

Ordinances.

Meetings of
Trustees.

streets, highways, and public grounds, be fully carried into execution, and that the penalties for non-compliance therewith are rigidly enforced. It is required that he shall keep himself informed of the condition of all the public streets and highways, and, also, of all the public buildings, parks, lots, and grounds of said town; and should the Marshal fail to see the laws, orders, and regulations aforesaid, carried into execution, after notice from any citizen of non-compliance therewith or violation thereof, the said Marshal and his sureties shall be liable upon his official bond to any person injured in his person or property in consequence of such official neglect, and he shall, also, be liable to the Board of Trustees upon his official bond, if he shall accept any contract work in his official capacity before the same shall have been completed in accordance with the plans and specifications for the same, in a sum sufficient to complete such work as specified.

SEC. 16. Neither the Board of Trustees nor any officers or authority shall have power to contract any debt against said town, and no person or property therein shall ever be liable to be assessed, or be subject to taxation in any form, to provide for the payment of any debt hereafter contracted, or any claim against the town, except such legal and proper expenses thereof as shall accrue after the commencement of the year for which the tax shall be levied, and no part of the moneys levied and collected by taxation for one year shall ever be applied toward the payment of any expenses, debt, or liability incurred during any preceding year. The Board of Trustees shall not contract any liability or debt without there be money in the treasury to pay the same.

SEC. 17. Every ordinance passed by the Board of Trustees, in order to possess legal force, shall receive a majority vote of all the members elected.

SEC. 18. The Board of Trustees shall constitute a Board and duties of, of Equalization, and shall, as soon as the Assessor shall have completed and handed to the Clerk his assessment, and after ten days' notice, hold their meetings to hear and deterinine all complaints respecting the valuation of property, as fixed by the Assessor, and shall have power to modify and change such valuation in any way they, or a majority of them, shall deem just and proper. Said meetings shall be held for such length of time as the Board of Trustees shall, by ordinance, fix. Said Board shall not sit as a Board of Equalization after the first Monday of October, and on that day they shall levy upon the assessed valuation of the property of said town the rate of taxation upon each one hundred dollars of valuation, which shall be entered upon their minutes. They shall then deliver to the Town Clerk the assessment roll, who shall compute and carry out the amount of tax so levied upon each parcel of property in said assessment roll contained, and shall deliver said assessment roll, so made out and duly certified to, to the Town Marshal for collection, on the first Monday of November.

Official bonds.

SEC. 19. The Marshal, Assessor, Clerk, and Treasurer, before entering upon the duties of their office, shall take the

oath of office, as prescribed by law, and also give a bond, with sureties, to be approved by the Board of Trustees of said town, payable to the Town of Livermore, in such penalty as may be prescribed by ordinance, conditioned for the faithful performance of the duties of their offices, as required by law. Should the bond of any town officer become insufficient, he shall be required to give such additional security, within ten days, as the Board of Trustees may require, not exceeding the amount fixed by ordinance. Upon his failure to do so at the time fixed his office shall be declared vacant, and such vacancy shall be filled by appointment of the Board of Trustees.

SEC. 20. If any vacancy shall occur in any of the offices Vacancies. created by this Act they shall be filled by appointment of the Board of Trustees. Should any of the officers herein mentioned fail to qualify and give the bond required, for the period of ten days after receiving notice of their election, the office shall be deemed vacant, and the same shall be filled, as provided in this Act. The official bond of every officer named in this Act shall be filed with the President of the Board of Trustees.

SEC. 21. All demands that shall lawfully arise against the Demands. town, in order to be entitled to payment, shall, after being verified by the oath of the claimant, be presented to and allowed for such an amount as shall be deemed just by the Board of Trustees; and no bill, demand, or warrant shall be paid out of the town treasury, unless the same be allowed by the Board of Trustees, signed by the President of said Board, and countersigned by the Clerk.

Clerk.

It shall be the duty of the Town Clerk, in addi- Duties of tion to any duties required of him by the Board of Trustees, to attend all meetings held by said Board, and keep a correct journal of their proceedings; and on receiving the official returns of all charter elections held, shall, without delay, after the result of the election has been declared by the Board of Trustees, issue certificates of election to the persons elected, and he shall receive such compensation for his services as said Board of Trustees may, by ordinance, fix; and for a compensafailure to comply shall be liable to all such penalties as are tion. herein set forth, and be subject to removal from office and forfeiture of his official bond as Town Clerk.

duties of

SEC. 23. It shall be the duty of the Town Marshal, in Powers and addition to any duties required of him by the Board of Marshal. Trustees, and he is hereby authorized, to enforce all ordinances passed by the Board of Trustees and arrest all persons guilty of a violation of the same; to collect all taxes and licenses that shall at any time be due said town; to receive the tax list, and upon the receipt thereof, to proceed and collect the same at the time and in the manner as by ordinance may be provided, the said Marshal being hereby vested with the same powers to make collections of taxes as is or shall be conferred upon the Tax Collectors for the collection of State and county revenue; and it shall be the duty of said Marshal to collect in the same manner any tax list placed in his hands for that purpose, without any unnec

Duties of

Treasurer.

Duties of
Assessor.

Tax collections, etc.

Town
Attorney.

essary delay, and pay all taxes to the Town Treasurer monthly, taking his receipt therefor. Said Marshal shall receive such compensation for his services rendered under the provisions of this Act as the Board of Trustees may, by ordinance, fix. He shall have the same power in all civil and criminal cases, within the limits of said town, as Constables have within the respective townships for which they are elected, and be entitled to the same fee; and for failure to comply with the duties required of him, shall be liable to all such penalties as are herein set forth, and subject to removal from office.

SEC. 24. It shall be the duty of the Town Treasurer to receive and safely keep all moneys that shall come into the town treasury, and pay out the same on the order of the Board of Trustees, countersigned by the President and Clerk, and take receipts therefor, and to perform such other duties as may be required of him by said Board of Trustees; and shall make out a quarterly statement of his receipts and payments, verified by his oath, and file the same with the Town Clerk, and at the end of his official term shall deliver over to his successor in office all moneys, books, papers, or other property in his possession belonging to the town.

SEC. 25. It shall be the duty of the Town Assessor, in addition to any duties required of him by the Board of Trustees, between the second Monday in May and the first Monday of August of each year, to make out a true list of all taxable property within the limits of said town, which list, certified by him, shall, on the third Monday in August, be by him placed in the hands of the Board of Trustees for equalization. The mode of making out such list, and ascertaining the value of the property, shall be the same as that prescribed by law for assessing State and county taxes; and, also, make assessment for street work, as provided in this Act; and the Assessor shall receive for his services such sum as shall be fixed by ordinance. No levy of taxes shall be made upon real and personal property within the limits of the town of [by] the Board of Supervisors of Alameda County, for road purposes, and no taxes shall be collected by the Tax Collector of said county on property situate within said town, for such purposes. Said Clerk, Marshal, and Assessor, shall have the same power to administer and certify to an oath as has a Justice of the Peace.

SEC. 26. Town taxes shall be collected in the same manner that State and county taxes are collected within the County of Alameda; provided, that the publication of the delinquent tax list shall be made in some newspaper published within said town, if there be one; if there be none, then in some newspaper published within said county; provided, all sales for delinquent taxes shall be made in front of the Town Hall, and by the Town Marshal.

SEC. 27. The Board of Trustees of said town may appoint a Town Attorney, to hold office during the pleasure of said Board, whose duty it shall be to prosecute all suits brought on behalf of the town, and to defend all suits brought against it, and to do such other duties as the Board of Trustees may

direct, and whose compensation shall be such sum as said Board may determine.

SEC. 28. The Town Justice of the Peace shall have the Justice of same jurisdiction within the limits of said town, in all civil the Peace. and criminal cases, as any other Justice has within the township for which he is elected.

money.

SEC. 29. All taxes, assessments, and fines, payable to the Legal town treasury, and the cost of the improvements on any sidewalk, street, or other town improvement, shall be payable only in gold and silver coin of the United States.

SEC. 30. The President of the Board of Trustees shall preside at all meetings of said Board, when he shall be present, and in the absence of the President the Board may appoint one of their number to act as President pro tem., and for their services said Trustees and President shall receive no compensation.

SEC. 31. The style of the ordinance of the Town of Livermore shall be: The Trustees of the Town of Livermore do ordain as follows.

SEC. 32. The Town Trustees are hereby authorized to procure the necessary books for the official record of the town.

SEC. 33. Nothing in this Act shall be construed to change. or modify the boundaries or limits of the Livermore School District of the County of Alameda, but said school district shall be and remain the same as now defined, and said Town of Livermore shall not form a separate school district of itself, but shall be and remain as it is now, a part of said Livermore School District.

SEC. 34. This Act shall take effect immediately.

CHAP. DCXIII.-Proposed amendments to the Constitution of the State of California.

The Legislature of the State of California, at its twenty- Preamble. first session, commencing on the sixth day of December, A. D. one thousand eight hundred and seventy-five, by a majority of all the members elected to each House thereof, and by a majority of all the members elected to the Senate, and by a majority of all the members elected to the Assembly thereof, adopt and agree to the amendments hereinafter set forth to the Constitution of the State of California. Said amendments were proposed in the Assembly of said State, at the twentieth session of the Legislature thereof, and were at such session agreed to by a majority of all the members elected to the Assembly, and subsequently, and at the same session, were agreed to by a majority of all the members elected to the Senate of said State, and were during such session entered at large on the journal of each House, with the yeas and nays taken therein in each House, and were referred to the Legislature then next to be chosen, and were