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Fourth.– To establish and regulate markets, and improve the Power of the commons belonging to the Town, for the health and benefit of the inhabitants; to construct and keep in repair pumps, aqueducts, reservoirs, or other works necessary for supplying the Town with pure and wholesome water, or protecting it from fires.
Fifth-To impose fines, penalties, and forfeitures, for breaches of ordinances, and to appropriate the proceeds thereof; Provided, that no fine be imposed exceeding two hundred dollars, for any one breach of an ordinance, and no offender be imprisoned longer than two months for any one offence.
Sixth-To levy and collect, annually, a poll-tax, not exceeding one dollar per capita, for each male inhabitant of the Town, of twenty-one years of age, and upwards, and a property-tax, not exceeding one per cent. upon the assessed value of all real and personal estate within the Town, subject to taxation.
Seventh—To pass ordinances for impounding and selling cattle, hogs, or goats, found running at large within the corporate limits.
Eighth-To establish, by ordinance, police and fire departments, and to make such regulations as they may deem necessary to protect the Town from injury by fire.
Vinth-To till, by appointment, any vacancy that may occur in said Board, or in the office of any other Town officer, by death, resignation, removal, failure to qualify, or other cause; Procided, that if, at any one time, the number of vacancies, from any cause, shall leave the Board of Trustees without a quorum, the remaining Trustees, or Trustee, shall order a special election, to fill such vacancies, and give like notice thereof, as is required to be given for the regular annual election of officers of said Town.
Tenth--To take and hold any real or personal estate given, granted, sold, or devised, to said Town, for the common benefit of the inhabitants thereof, and to sell, lease, or dispose of the same; Provided, that all sales, leases, franchises, or privileges, shall be made by public auction, after ten days' notice thereof, posted in three of the most public places in said Town, and published in a newspaper in said Town, if any shall be published therein, at least one insertion; and all deeds, leases, or grants, made by said Town, shall be signed by the President and Clerk of the Board.
Eleventh-To provide, by ordinance, for the election of a Town Recorder, and for the election, or appointment, of such other officers as may be necessary, and to define their powers, and describe their duties; they shall also prescribe the duties, and fix the compensation, of all Town officers, except as herein otherwise provided.
Sec. 11. It shall the duty of the Board of Trustees to Publication. cause to be printed or published, in a newspaper published in said Town, if any there be, for the information of the inhabitants, all the ordinances and regulations, except such as relate to conducting the business of the Board, and also to record the same in a book to be kept for that purpose-which book, or certified copies from the same, under the corporate seal, shall be received in evidence of the contents thereof, in all actions or proceedings. Said book shall be in the care and custody of the
Clerk of the Board, and shall at all times be open to the inspection of any person. They shall also, on the first Saturday of June, of each year, make out and cause to be published, a full and correct statement of all moneys received and expended; from what sources received, and for what purposes expended,
during the year. Compensat'n Sec. 12. The Trustees of said Town shall be entitled to receive
a compensation for their services, to be paid by warrant upon the Treasurer, of a sum to be prescribed by said Board, not exceeding ten cents per day of actual service rendered by them, or any of them, in attending the meetings of the Board; Provided, that while engaged in the duties prescribed in the seventh section of “An Act to provide for the disposal of lots in the Towns and Villages on the public lands in Humboldt County, passed April twenty-seventh, eighteen hundred and fifty-five, as amend. ed April third, eighteen hundred and fifty-six,” they shall be entitled to receive, not exceeding four dollars per day for each day actually and exclusively engaged in the business in said section mentioned, the same to be charged as part of the expenses incurred in entering and disposing of the lands in said 'Act mentioned, and paid out of the Fund arising from the sale of lots, as prescribed in the ninth section of the said Act.
Sec. i3. The Board of Trustees of said Town shall not contract any liabilities, either by borrowing money, loaning the credit of the Town, or contracting debts which, singly or in the aggregate, shall at any time exceed the sum of three thousand dollars. And no member of the Board of Trustees shall be, directly or indirectly, interested in any contract entered into by said Town authorities, or any work or business ordered to be
executed by the Board. Vacancies,
Sec. 14. Vacancies in office of Trustee or other Town officer shall be caused by death, resignation, failure to qualify within the time herein specified, removal from the Town, absence therefrom for more than thirty days without leave of the Board, or removal from office by vote of the Board for misconduct in office or neglect of official duty.
Sec. 15. It shall be the duty of the Treasurer to receive and safely keep all moneys due to the Town; to keep an accurate account of all moneys received and expended, from whom and for what purpose received, and to whom and for what purpose paid; and he shall, quarterly, on the first Saturday of June, September, December, and March, of each year, make a full and correct report to the Board of Trustees of all such receipts and expenditures. He shall pay out no moneys in his hands belonging to the Town except upon a warrant drawn in pursuance of san order of the Board of Trustees specifying to whom and for what purpose the amount therein named is to be paid, signed by the Clerk and countersigned by the President of the Board; and all such warrants, after being paid, shall be indorsed "paid," and filed in his office.
Sec. 16. The Marshal shall be the collector of taxes, assessments, licenses, and fines, levied or imposed by the Board of Trustees; and, for the purpose of collecting taxes and assessments upon real or personal estate, he shall have the like power
and authority as now is or may hereafter be given by law to the Sheriff for the collection of taxes, except that in all cases of sales of property for taxes, or assessments, the same shall be exposed for sale within the Town; Provided, that all real estate sold by him for taxes in said Town shall be subject to redemption in like manner, and upon the like terms and conditions, as provided in like cases by the General Revenue Laws of the State now, or which may hereafter, be in force. He shall, on the first Saturday of each month, and as much oftener as the Board of Trustees may require, account with the Treasurer concerning, and pay over to him all moneys then in his hands belonging to the Town, and shall report, quarterly, on the first Saturday of June, September, December, and March, in each year, a full and correct statement of all moneys received and paid in by him in his official capacity during the three months next preceding such report. He shall possess and exercise, as to all offences and misdemeanors committed within the corporato limits, the like powers and duties as are by law conferred on Constables; and for services rendered by him in that capacity, shall be entitled to the same fees, to be paid in the same manner, as Constables in Humboldt County are by law entitled to receive. He shall also perform such other duties as the Board of Trustees may prescribe.
Sec. 17. The Assessor shall, within such times as the Board of Assessor. Trustees shall appoint, prepare and return to said Board a full and complete assessment-roll of all the property, real and personal, within the Town, subject to taxation, assessing the same to known and unknown owners, as the case may be, with the description or designation and location thereof, and the cash valuation of the same; and he shall perform such other duties, in relation to the assessment of property, as the Board of Trustees may require.
Sec. 18. It shall be the duty of the Clerk of the Board to keep Clerk. the seal of the corporation, and all papers and documents belonging to the Town, and to file them in his office, under appropriate heads; to attend all meetings of the Board of Trustees, and keep a correct journal of their proceedings; to keep, in a separate book, a true record of all laws and ordinances of the Board of Trustees, and of amendments thereof, in chronological order; to make out and sign all warrants and licenses issued in pursuance of the or-' ders and ordinances of the Board of Trustees, and affix the corporate seal to such licenses; to keep an accurate account, in a suitable book, of all orders or warrants drawn on the Treasurer, specifying the amount, date of the issue, to whom payable, and for what purpose, of each order or warrant; also to keep an account, in a separate book, of all licenses issued, the date of issue, to whom issued, and for what purpose, the time for which they are granted, and the amount paid therefor; and he shall perform such other duties as may from time to time be prescribed by the Board of Trustees.
Sec. 19. The Recorder of said Town, whenever such an Recorder. officer shall be chosen, under an ordinance for that purpose duly passed by the Board of Trustees, as to public offences or misdemeanors committed within the Town, shall have the like powers and jurisdiction as now are, or may hereafter be, conferred upon Justices of the Peace, and he shall have exclusive original
Justices of the Peace.
jurisdiction over all violations of the Town ordinances, and may, in accordance with the provisions of such ordinances, hold to bail, fine, or commit to prison, any person found guilty of a violation thereof, and for that purpose may issue all necessary writs and process; and he shall receive, for his services, the same fees as now are or may be allowed to Justices of the Peace for the like services in said County.
SEC. 20. Until a Recorder's Court shall be established, the several Justices of the Peace within the corporate limits shall bave jurisdiction of all actions or proceedings for the recovery of a fine, penalty, or forfeiture, imposed for the breach of any Town ordinance, and of all proceedings respecting vagrants or disorderly persons.
Sec. 21.- All proceedings and actions under this Act, before a Justice's or Recorder's Court, within the corporate limits of the Town, shall be commenced by complaint, setting forth the violation of the ordinanco, or the act of vagrancy or disorderly conduet complained of, or the offence charged, with such particulars of time and place, person and property, as to enable the defendant to understand distinctly the nature of the offence charged, and to answer the complaint; every such complaint shall be verified by the oath of the party making it. To the complaint, the answer may be oral or in writing, and immediately thereafter the case shall be tried, unless, for good cause shown in law, an adjournment be granted. In all cases, the defendant shall be entitled to a trial by a jury of six persons.
SEC. 22. In all actions or proceedings wherein the said corporation is a party, or which may be prosecuted or defended for their benefit, all persons living in the Towu shall be competent and qualified as jurors and witnesses, if in other respects competent and qualified.
Sec. 23. An Act entitled “An Act to incorporate the Town of Eureka," approved April eightenth, eighteen hundred and fifty-six, and the Act amendatory thereof, approved February fourteenth, eighteen hundred and fifty-seven, are hereby repealed; Provided, the repeal of said Acts shall in powise disturb or affect any rights which have become vested, or which have accrued, or ordinances, acts, or proceedings passed, adopted, or done, under and in pursuance of said Acts; And provided, further, that the officers of said Town, qualified and acting under the provisions of said Acts, shall continue to hold their respective offices, and discharge the duties pertaining to the same as herein prescribed, until the election and qualification of their successors as herein directed.
SEC. 24. This Act shall take effect and be in force from and after the first day of March, eighteen hundred and tifty-nine.
Where the Town is a party.
to borrow money.
CHAP. CXCIII.-An Act to authorize the Mayor and Common Coun
cil of the City of Los Angeles to Contract a Loan for Irrigating, and other purposes.
[Approved April 11, 1859.) The People of the State of California, represented in Senate and
Assembly, do enact as follows: SECTION 1. The Mayor and Common Council of the City of Authorize 1 Los Angeles are hereby authorized to borrow money for the purpose of municipal improvements, either of irrigation, or for furnishing water for domestic purposes, and lighting the City, and for any other purpose that may result to the benefit of the , City, and belong to the legitimate municipal powers of the corporation, to the amount and in the manner hereinafter set forth.
Sec. 2. The amount borrowed under the provisions of this limitationAct shall not exceed two hundred thousand ($200,000) dol- $200,000. lars. The rate of interest shall not exceed twelve (12) per cent. per annum. The time of payment of the loans shall not exceed twenty (20) years, nor be less than five (5) years.
Sec. 3. The rate of taxation authorized to be levied over and above ordinary taxes, to secure the payment of the money borrowed, shall not exceed, in all, one (1) per cent. per annum on all real and personal property, and the bonds or other evidence of indebtedness shall be issued in amounts of one hundred ($100) and five hundred ($500) dollars.
Sec. 4. Whenever the corporation of the City of Los Angeles In contractsee fit to borrow money under this Act, an ordinance specifying ing loan. the purpose for which the loan is to be contracted, the amount, time of payment, rate of interest, specifying the rate of taxation proposed to be levied and collected, to provide for the payment of the principal and interest of the loan proposed, shall be passed by a majority of all the members of the Common Council legally qualified, at a regular meeting thereof, and approved by the Mayor.
Sec. 5. So soon as the Mayor shall have approved and signed Publication. the ordinance aforesaid, he shall cause notice to be given of a special election, which shall take place not less than three months from the date of first publication, which notice, together with the ordinance, shall be published in Spanish and English for three months next preceding said special election, in some paper or papers published in Los Angeles City, at least once a week.
SEC. 6. At the special election aforesaid, each voter shall cause vote. to be written or printed on his ticket," for the loan," or, "against the loan ;" and if a majority of the votes thrown at said election shall be in favor of the proposed loan, then the ordinance so voted on shall be valid and in full force; but if a majority vote against the loan, then the ordinance shall be null and of no effect.
Sec. 7. The said amount of two hundred thousand ($200,000) In sums. dollars may be borrowed at different times, and in such amounts as the corporation may see fit, subject to the vote of the electors of the City, thereon, as aforesaid.