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make, in well-bound volumes, in which he shall enter diagrams, exhibiting each street-crossing, the work upon which may have been duly contracted for, and each street, or portion of a street, for the grading, sewering, paving, planking, or piling, capping, and planking, or repairing, of which contract may have been entered into, the amount or rate to be paid upon such contract, each distinct lot, or portion of a lot, assessed and charged therefor, and the amount of such assessment and charge. Every assessment and charge made and recorded according to the provisions of this article, shall be a lien upon the property, and take precedence of all other liens, prior, as well as subsequent in date, for the period of two years, unless sooner discharged; Provided, however, that a certificate, signed by the Superintendent of Public Streets and Highways, stating the name of the contractor, and the name of the person against whom the assessment or charge is made, the amount and date of the same, together with a description of the property upon which it is the intention of the contractor to hold a lien, shall have been recorded in the office of the County Recorder, in the City and County of San Francisco.
SEC. 10. Section fifty-three of said Act is hereby amended so as to read as follows:
Section fifty-three-The Board of Supervisors, in the cases Proposals. and with the requisites prescribed in section forty and forty-one, may order the entire paving or repairing, planking or re-planking, piling, capping, and planking, or re-piling, re-capping, and re-planking, including the sidewalks of any street, or portion of a street, or the construction of sewers therein, according to plans and specifications, and after a careful estimate of the costs of the work, which shall be furnished them by the Superintendent of Public Streets and Highways; before passing such order, notice shall be given in the same manner as prescribed in section fortythree, and in the manner therein specified, proposals shall be received, and contracts given out, for the work ordered to be done, which contract shall be in writing, and contain the condition and notice specified in section forty-four; Provided, that the right of the owners to object, as provided in section forty, shall not apply in cases of construction of sewers; And provided, also, that no order shall be made to grade any street already officially graded.
SEC. 11. Section fifty-four of said Act is hereby amended so as to read as follows:
Section fifty-four-All the original streets, as laid down upon Streets. the official map of said City and County, and all other streets dedicated to public use, as such, are hereby declared open public streets, and the Board of Supervisors shall ascertain and establish the width of all, or any of said streets, hereby declared open public streets, as the same may have been originally laid
SEC. 12. Section fifty-six of said Act is hereby amended so as to read as follows:
Section fifty-six-The Superintendent of Public Streets and Repairs. Highways shall require, by written notice, to be delivered to them personally, or left upon the premises, all owners, tenants,
Action against delinquents.
Office of Superintend ent of Streets
or occupants, of lots and buildings, situated and fronting upon streets already graded and planked, or paved, or heretofore capped, piled, and planked, or which shall hereafter be graded, and planked, or paved, or capped, piled or planked, where repairs are needed in the same, or in the sidewalks, or sewers, to make such repairs forthwith, each in front of the property of which he is the owner, tenant, or occupant, to the centre of the street, and all repairs so made, or expenses therefor incurred, shall be assessed and charged to the landlord, and if the same be paid by the tenant, such tenant shall have a lien upon the property, and may retain the possession thereof till the amount so advanced shall be paid from the accruing rents.
SEC. 13. Section fifty-nine of said Act is hereby amended so as to read as follows:
Section fifty-nine-An action may be instituted and maintained before any Court of competent jurisdiction, by the contractor or his assigns, for work done and materials furnished upon streets, and street-crossings, under the provisions of this article, against the several owners assessed or liable therefor, for the recovery of the amount of their respective assessment, or for repairs as provided in section fifty-six of this Act, which shall be deemed a remedy concurrent with the proceedings for the enforcement of such assessment and charges herein before provided; and the entries kept by the Superintendent of Public Street and Highways in the record-book of assessments and charges, or a copy therefrom, certified by the said Superintendent to be a true copy thereof, shall be prima facie evidence in said Court of the regularity of all the proceedings prescribed in this article.
SEC. 14. Section sixty-two of said Act is hereby amended so as to read as follows:
Section sixty-two-The said Superintendent shall keep a public office in some convenient place, to be designated by the Board of Supervisors, and his office shall be kept open as in this Act required. He shall not, during his continuance in office, follow any other profession or calling, but shall be required to devote himself exclusively to the duties of his office. He shall be allowed one Deputy, to be by him appointed from time to time, at a compensation of one hundred and fifty dollars per month, payable out of the General Fund of the City and County of San Francisco, in the same manner in all respects as provided for the payment of other salaries under this Act. It shall be lawful for the said Deputy to perform all or any of the duties conferred by this Act upon the Superintendent of Public Streets and Highways, under the direction of the said Superintendent.
SEC. 15. Section eighty-one of said Act is hereby repealed.
CHAP. CXLVI.-An Act amendatory of, and supplementary to, an Act entitled "An Act concerning Estray Animals," passed April nineteenth, one thousand eight hundred and fifty-six.
[Approved March 28, 1859.]
The People of the State of California, represented in Senate and
SECTION 1. Section one of an Act entitled "An Act concerning estray animals," passed April nineteenth, one thousand eight hundred and fifty-six, is hereby amended so as to read as follows:
Section one-Every citizen resident householder in any Coun- Estrays to be ty in this State, on finding any estray horse, mare, mule, jack, or jennet, or any neat cattle, sheep, or goats, or any number of such animals, upon his farm or premises, who shall desire to take up the same, shall, at any time after the expiration of twenty days from the finding of the same, go before some Justice of the Peace in his Township, or, if there be no acting Justice therein, then before some Justice of a neighboring Township, and make oath that he has made diligent inquiry throughout his neighborhood to ascertain the ownership of such estrays, and that he has also put up, ten days previously, a written notice in one or more of the most public places in his Township, naming the place or places, setting forth all the information in his possession, concerning the said animals, embracing a description of the marks and brands thereof, and that he has examined the County records of marks and brands, and that he found none of the marks or brands of such animal or animals upon record, and that he was about to post the same. He shall, also, at the same time, make oath that the marks and brands of said animal have not been altered since they came to his farm or premises, and that the owner or owners are unknown to him.
SEC. 2. Section seven of the Act aforesaid is hereby amended so as to read as follows:
Section seven-If the owner of any lost or stray animal shall Forfeited in not appear and prove his property therein within one year after the same is posted, he shall forfeit his right thereto. When the appraised value of any stray or strays of the same species, taken up as aforesaid, does not exceed one hundred dollars, the takerup shall apply to the Justice of the Peace to whom the return was made, or his successor, for a copy of such return appraisement, with marks and brands, and supposed age; and the takerup shall forthwith deliver the same to a Constable of the Township, if there be any such, and if not, then to a Constable of a neighboring Township, and the Constable shall immediately advertise such stray or strays for sale, at three public places within the Township, mentioning the time and place of sale, which shall be at least twenty days from the time of advertising, and the sale shall be made at some public place in the Township, if of a horse kind, but if of any other kind, it shall be at the residence of the taker-up, at which time the taker-up shall deliver
Not to be removed.
to the Constable such stray or strays, and their increase, if any there be, and take his receipt therefor, and transmit the same to the said Justice of the Peace. The Constable shall proceed to sell the same to the highest bidder, and pay the proceeds of such sale to the said Justice of the Peace. When the appraised value exceeds, one hundred dollars, the taker-up shall deliver said copy of marks and brands to the Sheriff of the County in which such stray or strays were taken up, who shall advertise the same in one public newspaper, if there be any published in said County, for the term of thirty days-and if not, he shall advertise by written notice, posted in three or more public places, stating the time and place of sale-at which time and place the taker-up shall deliver such stray or strays, and their increase, if any there be; the Sheriff shall proceed to sell the same to the highest bidder, and after paying the amount awarded to the taker-up by said Justice, and for publishing, he shall pay into the County treasury the residue, reserving six per cent. for his fees, and take the Treasurer's receipt for the same, and transmit it, together with the transcript of the marks and brands of the said stray or strays, to the County Recorder.
SEC. 3. Section eight of said Act is hereby amended so as to read as follows:
Section eight-No person taking up any animal under this Act shall sell or dispose of the same in any manner, or remove the same from the County in which it was posted. Any person so offending shall be deemed guilty of larceny, and punished accordingly.
SEC. 4. Section nine of said Act is hereby amended so as to read as follows:
Section nine-If any estray animal dies or escapes from the possession of the taker-up, at any time before the expiration of one year from the taking up, he shall not be held liable in any manner on account of such animal; Provided, the death of such animal be not caused by maltreatment, or the escape of such animal be not caused by neglect on the part of the taker-up.
SEC. 5. Section fourteen of said Act is hereby amended so as to read as follows:
Section fourteen-It shall be the duty of the Recorder, upon the receipt of said transcript, to make an entry upon the record, showing that said animal or animals have been sold, or upon receipt of notice from the Justice that said animals have been proven by the owner, he shall make entry of the same. It shall also be his duty to cause a list of all estrays, with a description thereof, to be posted at the door of the Court-House on the first day of the Court next holden after such returns have been made to his office. He shall make out a list of those who have not complied with the provisions of this Act, and transmit the same to the District-Attorney, who shall issue a notice to the delinquent, requesting him to appear before the Justice on a day specified, and show cause, if any he can, why judgment should not be entered against him in favor of the County, for the sum of appraisement and costs. Such notice may be delivered to the Sheriff of the County, or any Constable of the proper Township, and by him served upon the party.
SEC. 6. Section sixteen of said Act is hereby amended so as to read as follows:
Section sixteen-In all cases where any services are performed Fees. by any officer or officers under this Act, their fees shall be allowed as follows: To the Justice, for all services connected with the posting of the animal or animals, which shall include the transcript for the Recorder, two dollars; the County Recorder, for recording transcript and all other services, two dollars; which fees shall be paid by the taker-up. Said taker-up shall be allowed five dollars for taking up such animal or animals taken up at the same time, and one dollar per head per month, for the keeping of the same, provided the same be of cattle; and two dollars, provided the same be of the horse kind; and twenty-five cents, provided the same be sheep or goats.
SEC. 7. It shall be the duty of the Justice of the Peace, upon Percentage. the receipt of the money proceeding from the sale of such stray or strays, to award to the taker-up the amount as provided for in this Act, and pay the same; also, five per cent. of said proceeds to the Constable, and pay the residue to the County Treasurer, taking his receipt for the same, and transmit it to the County Recorder, together with the transcript of marks and brands of the said animal or animals. When the owner of such animal or animals shall appear and prove the same, it shall be the duty of the Justice of the Peace to transmit a notice of the same to the County Recorder.
case bond is recorded.
SEC. 8. Whenever the brand or mark of any animal claimed Notice in to be an estray under the provisions of this Act, is recorded in the office of the County Recorder of the County in which such animal may be, it shall be the duty of any person upon whose premises such animal may be, to give the owner of such brand, or ear-mark, so recorded, twenty days' notice of the fact that such animal is claimed by him to be an estray. It shall be unlawful for any person to post or take up any animal as an estray under the provisions of this Act, the brands and ear-marks of which are so recorded, until after such notice has been given.
SEC. 9. The provisions of this Act shall not apply to the Exemption. Counties of Trinity, Tuolumne, Sacramento, and Santa Clara.
CHAP. CXLVII.-An Act to prevent Stallions from running at large in the County of Sacramento.
[Approved March 28, 1859.]
The People of the State of California, represented in Senate and
to run at
SECTION 1. From and after the passage of this Act, it shall Stallions not not be lawful for the owner or owners of stallions to allow the large. same to run at large in the County of Sacramento.
SEC. 2. If any owner or owners, or the agent of such owner Penalty. or owners, shall permit any animal, as aforesaid, contrary to the