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of said county, before the said first of March, one thousand eight hundred and fifty-nine, shall, upon presentation to said Commissioners of the said warrants, receive in exchange therefor a bond or bonds of the county of Santa Barbara, with coupons annexed thereto as provided for in this Act, for the amount of principal and interest due thereon upon said last-mentioned first day of March ; and may, furthermore, receive a certificate of indehtedness for any amount less than one hundred dollars; and the holder of any several of such certificates amounting to one hundred dollars or more, shall, upon like presentation, be entitled to receive the amount in the manner aforesaid.
Sec. 5. It shall be the duty of the Commissioners to keep an record of account of the number, denomination and amount of all bonds and of all the aforesaid certificates of indebtedness signed by them, and also an account of all blank bonds; they shall also koop a separate record of the issuing of the same, showing the date of issue, to whom issued, and the number of each bond and certificate. All outstanding warrants and certificates, so redeemed, shall be marked “funded” across the face thereof, and kept by the County Treasurer.
Sec. 6. The said Commissioner's duties, under the provisions Duties of of this Act, shall be deemed a part of his official duties as Coun- Commissionty Treasurer and County Auditor, of those two officers, respectively, and, upon any dereliction of duties imposed by the provisions of this Act, or of any Act hereafter passed in amendment thereof, shall be liable individually, and upon their official bonds. The like liability will attach to the President of the Board of Supervisors, as a member of said Board of Commissioners, to which effect he will give a bond, to be approved by the County Judge of said County, in the penal sum of five thousand dollars conditioned for the faithful performance of his duties under this Act. The said Commissioners may, at the expiration of their office, present, to the Board of Supervisors, an account of the expenses incurred, and the same shall be audited by said last-mentioned Board, together with such reasonable remuneration for their labors as the Supervisors shall deem just.
SEC. 7. On the first day of August next, the said Board of Expiration Commissioners shall file, in the County Recorder's office, all their of terın. books, papers, vouchers, etc.; they shall destroy the plates upon which the bonds were printed, and their office, as such Commissioners, shall cease and expire.
SEC. 8. On or before the first Monday in each, after the pres. Interest. ent, year, the Auditor of the County of Santa Barbara shall present, to the Board of Supervisors of said County, a certified statement of the amount required to pay the annual interest on all the bonds outstanding, and also the amount required to redeem the one-twentieth part of the first principal of said funded debt in each year; and before the first day of June, in the present year, the said Auditor shall present a like statement, by computation, of the amount likely to be required to pay the first annual instalment of interest. Sec. 9. In addition to the taxes now authorized by law to be
Special tax. levied in the County of Santa Barbara, there shall be levied and collected, by the proper officers of said County, a tax, to be
called “ The Funded Debt Tax," to meet the requirements mentioned in section eight. The manner of levying and collecting said tax shall be the same as that provided by law for levying and collecting State and County taxes; Provided, that for the present year the same may be levied and assessed at a special meeting of the Board of Supervisors, to be held and called to
that effect. Proposals for Sec. 10. On the first day of March, one thousand eight hunSorrender of dred and sixty, and annually thereafter, it shall be the duty of
the Treasurer of said County, from the money in his hands, raised by said Funded Debt Tax, to pay the annual interest on the bonds outstanding; and, also, redeem one-twentieth part of the first principal of said bonds, or such amount of said bonds as the surplus money in his hands will redeem, at the lowest value at which they may be proposed to be liquidated, after advertising for two weeks, by publication, for sealed proposals for the redemption of said bonds. The said Treasurer shall open the said proposals at the time and place specified in the publication, in the presence of such persons as choose to be present, and shall accept only of such as shall cancel the greatest amount of said bonds; Provided, that no bonds shall be redeemed at a greater sum than par, without interest.
Sec. 11. Whenever the County Treasurer shall pay any cou. pons or bonds, under the provisions of this Act, he shall cancel the same and preserve said canceled coupons and bonds, and keep a record thereof, giving the number, date, and amount of each, and from whom received, and shall write across said bonds and coupons,"canceled by me," and sign his name thereto, as Treasurer.
Sec. 12. It shall not be lawful for the County Treasurer to pay or liquidate any of the said warrants drawn upon the said General Fund of the County of Santa Barbara, before the said first day of March, A. 1). eighteen hundred and fifty-nine, in any other manner than herein provided.
Sec. 13. The said Board of Commissioners, previously to the expiration of their term of office, as above provided, shall, over and above the bonds necessary to be executed for the purpose of funding the debt of the County, execute, in due form for delivery, other bonds to the amount of fifteen thousand dollars, and deposit the same with the County Treasurer, whose duty it will be to dispose of the same as hereinafter mentioned.
SEC. 14. It shall be lawful for the Board of Supervisors of increasing
said County to ascertain and inquire, in a manner to be devised and published by them, through the ballot-box, at any general election, or at a special election to be called by them, whether the majority of the electors of the County of Santa Barbara are in favor of incurring a further debt of fifteen thousand dollars, according to the terms aforesaid, for the purpose of improving the roads of said County. And if the majority at such election should be against such road debt, then the Supervisors shall order the bonds mentioned in the foregoing section to be destroyed. But if the majority should be in favor of such road debt, then it shall be lawful for said Board of Supervisors to direct the Treasurer from time to time to sell at auction, upon such terms and in such
a manner as they shall deem best, the aforesaid bonds, or so much thereof as may be necessary for the repair or construction of roads in said County. And the proceeds thereof shall be kept apart by the said Treasurer as a Road Fund, to meet any warrants that may be drawn by said Board upon such Fund, for the purposes aforesaid.
SEC. 15. For the purpose of laying out all, or any part of Proposals. the said Road Fund, for the construction and improvement of roads in said County, the Supervisors of said County are hereby invested with special powers to cause surveys to be made, to invite proposals, to make and enter into contracts, order constructions and repairs, and pay for the same, in such manner, at such times, and in such localities as to them may seem most advantageous for the public good.
Sec. 16. An Act passed March thirty-first, eighteen hundred Repealing and fifty-seven, entitled an Act to provide for the payment of the debts of the Counties of San Luis Obispo and Santa Barbara, and, also, an Act amendatory of the same, passed April twenty-first, eighteen hundred and fifty-eight, so far as the same relate to the County of Santa Barbara, and all Acts, and parts of Acts, in conflict with the provisions of this Act, are hereby repealed.
Sec. 17. Section two of the amendatory Act mentioned in Act revived. the last section, is hereby repealed, as regards both the counties therein named; and section two of the original Act, so far as regards the County of San Luis Obispo, is hereby revived, and declared to be in full force and effect.
CHAP CXCVI.-An Act for the settlement of the Estate of William
[Approved April 11, 1859.) The People of the State of California, represented in Senate and
Assembly, do enact as follows : SECTION 1. It shall be lawful for the administrator of the estate of William Knight, deceased, to sell such portion or por- to sell real tions of the real estate of which the said William Knight died seized or possessed, or such undivided interest in said real estate, as may be deemed necessary and proper for the payment of the debts of said estate, the support and education of the family of said deceased, the expenses of administration, the taxes due or to become due upon the real estate of said deceased, and all other valid claims or debts against said estate, and the expenses of final distribution and partition of the estate among the heirs and representatives of the deceased, at such time or times, on such terms, and in such manner, whether at public or private sale, as shall be most advantageous to said estate.
SEC. 2. After the administrator of said estate shall have made
After final settlement.
a final settlement and distribution of said estate, it shall be lawful for the guardian of the minor heirs of said William Knight and Carmel Knight, late widow of said William, now deceased, to sell at public or private sale, as shall be deemed most advantageous to the interests of said minors, the whole or an undivided interest of each or all of said minors in any real estate owned or claimed by said minors as heirs of said William and Carmel Knight, or either of them.
Sec. 3. Said administrator and guardian shall cach make a full report of any sale or sales that shall be made by virtue of the powers herein granted to the Probate Court of the county of Yolo, and the Judge of said Court shall, either in termtime or vacation, in open Court or in chambers, examine the same, and confirm or set aside the said sale or sales, as he may deem just and proper and for the interests of said estate or
minors. Convoyance. Sec. 4. The administrator and guardian aforesaid, are hereby
severally authorized, upon the confirmation of any such sale or sales, and the compliance, on the part of the purchaser, with the terms of said sale or sales, to execute, acknowledge, and deliver, to the purchaser or purchasers, a legal conveyance of the prem. ises so sold, which shall absolutely and forever convey to, and vest in the grantec or grantees therein, all the right, title, interest, claim, and demand, reversion and remainder, legal and equitable, of the said deceased, or of' said minors, as the case may be; Provided, however, that no deeds or conveyances for said real estate, or any part thereof, shall be valid, or convey any title, unless the sale shall have been confirmed by the Probate Judge aforesaid, previous to the execution of such deed or conveyance; And provided, further, that no such sale or sales shall be approved by said Probate Judge, until said administrator and guardian, respectively, shall have filed in said Court a bond or bonds, with sufficient surcties, justified to in accordance with the law relating to official bonds of officers, in double the value of the real estate sought to be sold, conditional for the faithfui disposition and custody of said funds for the benefit of said estate, or minors, as
the case may be. Surplus. Sec. 5. Any and all surplus funds that may remain in the
hands of said guardian of said minors, derived from any sales made as aforesaid, by said guardian, shall be laid out and invested for the benefit of said minors, respectively; and said guardian shall, from time to time, as required by law, report, to the Probate Court of Yolo County, a full statement of the property of said minors, and shall be responsible on his bonds as guardian for the safo-keeping and proper management of the property of said minors.
CHAP. CXCVII.- An Act to amend an Act entitled " An Act to au
thorise George H. Ensign and others, owners of the Spring Valley Water-works, to lay down Water-pipes in the Public Streets of the City and County of San Francisco," passed April twenty-third, eighteen hundred and fifty-eight.
[Approved April 11, 1859.] The People of the State of California, represented in Senate and
Assembly, do enact as follows: SECTION 1. Section one of said Act is hereby amended so as to read as follows:
Section one-The said George H. · Ensign, and his asso- Right to lay ciates and their assigns, shall have the right, and the same is hereby granted to them and their assigns, to lay down distributing iron water-pipes in any of the public streets, ways, or alleys of the City and County of San Francisco; Procided, said pipes shall be so laid down is not to interfere with or obstruct any gas or water-pipes of any other parties, laid down by authority of law, for the purpose of introducing and furnishing fresh water, for the supply of the inhabitants of said City and County of San Francisco; Provided, that to the extent of three thousand running feet of said pipes be laid down within two years from and after the passage of this Act, and water tiirnished therefrom to such citizens along the line, street, or streets, where said iron pipes shall be laid down as may elect to take the same; and the balance of said iron pipes to be laid down as soon thereafter as practicable.
Sec. 2. Nothing herein contained, or contained in the Act Not to affet passed April twenty-third, eighteen hundred and fifty-eight, shall other rights. in any manner enure to or be so construed as to affect any rights or privileges heretofore granted to either the Mountain Lake Water Company or the San Francisco City Water-works Company:
CHAP. CXCVIII.-- An Act to authorize the re-issue of certain Lost
[Approved April 11, 1859.] The People of the State of California, represented in Senate and
Assembly, do enact as follows : Section 1. The Treasurer of State is hereby authorized and Duplicate. directed to issue, in the name of 0. M. Evans, in the County of Butte, or in the name of his assigns, (duly proved before a Notary Public, by acknowledgment to be such,) the following described California school-land warrants, viz. : numbers one hundred and seventy-six, (176,) and one hundred and seventy-seven, (177) each for one hundred and sixty (160) acres of land, and formerly