CHAP. CCXCVI.-An Act to provide for improving Navarra River. [Approved April 18, 1859.] The People of the State of Californa, represented in Senate and Assembly, do enact as follows: wharf. SECTION 1. The right to build a wharf at the mouth of Na- Authorized varra River, in Mendocino County, to open the channel of the to build a mouth of said river, so that scows or vessels can pass in and out thereof, and to construct moorings necessary for the anchorage of such vessels, with the right to charge wharfage, lighterage, and for mooring, is hereby granted to A. W. Macpherson, and those whom he may associate with him, and their assigns, for the period of twenty years. SEC. 2. Said wharf shall be built not to exceed one hundred width. feet in width, and beginning, as near as practicable at low-watermark, shall extend outward, not more than eight hundred feet, and shall be completed in two years from the passage of this Act. SEC. 3. Said Macpherson, and such persons as he may asso- Channel. ciate with him, and their assigns, shall have the right to open the channel of the mouth of said river, so that scows or vessels can pass in or out of the same, and to establish all necessary moorings for the anchorage and safety of scows and vessels. SEC. 4. In consideration of the building of said wharf and for Wharfage. opening the mouth of said river, and establishing said moorings, said Macpherson, his associates, and their assigns, shall have the right to charge wharfage, lighterage, and for mooring all vessels that may use the same. SEC. 5. The Board of Supervisors of Mendocino County shall Rate. fix the rate of charges herein provided for wharfage, lighterage, and mooring vessels. vessels. SEC. 6. Any and all vessels shall be equally entitled to use For all said harbor and its conveniences, by paying the rates of toll as fixed by the Supervisors of Mendocino County. SEC. 7. A list of tolls chargeable at said harbor, shall be List of tolls. posted in some conspicuous place, near said wharves. SEC. 8. Said Macpherson, and such persons as he may associ- Incorporate. ate with him, shall incorporate themselves under the General Incorporating Act of this State, within six months after the passage of this Act, or the rights and privileges herein granted shall be forfeited. Authorized to contract loan. Payment. Mortgage. In case of neglect. CHAP. CCXCVII.—An Act to confer further Powers upon the Board of Education, and the Treasurer of the City and County of San Francisco. [Approved April 18, 1859.] The People of the State of California, represented in Senate and SECTION 1. The Board of Education of the City and County of San Francisco are hereby authorized and empowered to borrow a sum of money, not exceeding sixty thousand dollars for a term not exceeding six years, at a rate of interest not exceeding fifteen per cent. per annum, such interest to be paid semi-annually; and to secure the payment of said principal sum, and the interest thereon, the said Board of Education are hereby authorized and empowered to execute a mortgage, or mortgages, upon so much of the property of the School Department of said City and County as may be necessary to secure the same; Provided, that the said sum of money so borrowed shall be paid into the treasury of said City and County, to the credit of the School Fund, and shall constitute a part of the same, and shall be appropriated and paid out upon the orders of said Board of Education, in the manner now provided by law for the payment of demands upon the School Fund, for the sole purpose of purchasing lots and erecting buildings thereon, and fencing and improving the same, for the use of the Public Schools of said City and County. SEC. 2. The said Board of Education shall order paid, the Auditor shall audit, and the Treasurer of said City and County shall pay, the said interest, semi-annually, as the same shall fall due; and they shall, further, on or before the first day of August, of each year, set apart, and so soon as the same is collected, cause to be paid, out of the School Fund of each year, a sum sufficient to pay the said interest, and such further sum, annualy, as will, in the aggregate, pay the said principal sum, within said period of six years. SEC. 3. The said Board of Education shall designate the property to be mortgaged, and the property so designated, and none other, shall be subjected to such mortgage, and the Superintendent of Public Schools of said City and County, in his official capacity, shall execute all mortgages authorized by this Act; Provided, that all the expenses incurred thereby, and all the payment of principal debt, and interest, authorized by this Act, shall be made out of the School Fund of said City and County, as now constituted and defined by law, together with the said sixty thousand dollars. SEC. 4. In case said Board of Education shall neglect, or refuse, to pay the interest or principal of said debt, as herein before provided for, each year, it shall be the duty of the Treasurer of said City and County to appropriate and pay, out of the first money paid into the treasury to the credit of the School Fund, from school-tax of said City and County, the said semi of bonds. annual interest, as it falls due, and the further sum of ten thousand dollars, or such other sum, annually, as will, in the aggregate, pay the said principal sum, within the said period of six years; and in default of the payments of said principal or interest, as herein provided, said mortgage or mortgages may be foreclosed, with like effect, and in the same manner, as is now provided by law for the foreclosure of mortgages upon real estate. SEC. 5. It shall be lawful for the Treasurer, with the Presi- Redemption dent of the Board of Education of said City and County, to advertise for thirty days, in two daily papers in the city of New York, and, also, in two daily papers in the City of San Francisco, for proposals for the redemption of the bonds, known as the School Bonds, issued by the corporate authorities of the City of San Francisco, and provided for by a Sinking Fund, as specified in the subdivision nine, section ninety-five, of an Act "To repeal the several charters of the City of San Francisco, to establish the boundaries of the City and County of San Francisco, and to consolidate the Governments thereof," passed April nineteenth, one thousand eight hundred and fifty-six, and to make report to the Board of Education, who shail, immediately thereafter, order paid the amount necessary to redeem the bonds so offered, and shall issue audited demands therefor, in the usual form, and the Auditor of said City and County is hereby authorized and required to audit, and the Treasurer of said City and County to pay the same, out of the Sinking Fund in his hands, heretofore and now provided by the said last-mentioned Act; Provided, the amount of such demands shall not exceed the money in the treasury, to the credit of said Sinking Fund. CHAP. CCXCVIII.-An Act to improve the Navigation of San Antonio Creek, in the County of Alameda. [Approved April 18, 1859.] The People of the State of California, represented in Senate and ers. SECTION 1. The Board of Supervisors of Alameda County, Commissionand their successors in office, are hereby constituted a Board of er Commissioners, for the purpose of improving the navigation of San Antonio Creek, in Alameda County, with the powers, privileges, duties, and liabilities, hereinafter established. SEC. 2. The said Commissioners shall first cause to be submit- Plans and ted to them, plans, specifications, and estimates for the removal specification. of obstructions to navigation at the mouth of San Antonio Creek, known as the Oakland Bar, and after having ascertained the most effectual and economical method of effecting the removal of said obstructions, the said Commissioners are authorized to adopt such plan, estimates, and specifications, and may open books, for the subscription of stock for the purpose of a fund for Proposals. Treasurer to keep bonds. On order of County not responsible. Tonnage. May pur $40,000 paid in. defraying the cost of the works to be constructed under this Act. SEC. 3. After an amount of stock equal to the sum set forth in the estimate adopted as the cost of the works shall have been subscribed, the said Commissioners may advertise for proposals for the construction of said works, and they shall accept the proposals of such persons, or parties, as shall give good security for the faithful performance of the specified work, at the lowest sum of money. SEC. 4. All moneys paid in by the subscribers of stock for the purpose of a fund for the cost of works referred to in this Act, shall be paid to the treasurer of the County of Alameda, who shall be responsible for the faithful custody of the same, and who shall receive for such charge and disbursement three per cent. on the amount disbursed. SEC. 5. The Treasurer shall not pay out any money received into the treasury, under the provisions of this Act, except upon the order of the Board of Commissioners, and he shall be responsible upon his official bonds for the faithful performance of his duties under this Act. SEC. 6. The County of Alameda shall not be responsible for any debts or liabilities which the Commissioners created under this Act shall contract. SEC. 7. The Board of Commissioners shall have authority to charge and exact tonnage-dues upon all vessels passing through said works not exceeding one-half of one cent. per ton for each and every time said vessel shall pass through the same; for the payment of which dues any vessel passing through the same shall be responsible in her hull, tackle, and furniture; Provided, no craft of a less burden than ten tons shall be required to pay any tonnage, and until the said works are completed, no charge. whatever shall be made upon any craft passing the same. SEC. 8. Whenever the sum of forty thousand dollars shall be chase when paid into the County treasury from any source, for the purpose of purchasing said works, referred to in this Act, and throwing them open to the public use, free of charge, it shall be the duty of said Commissioners to accept the same, and to make a pro rata distribution thereof among the stockholders, and throw open the said works to the public use, free of charge; Provided, that if the actual expenditure upon said works shall not amount to the sum of forty thousand dollars, the payment into the County treasury of the actual sum of money expended in the construction thereof, as shown by the contract for the same, shall be sufficient to authorize the Board of Commissioners created under this Act to declare the said works free for the public use, without charge. Interest. Surplus. SEC. 9. The stockholders in said works shall be entitled to an interest of one per cent. per month upon the amount of their contributions; Provided, the fund derived each month from the tonnage exacted upon vessels passing through the same, shall be sufficient to pay that rate of interest. SEC. 10. If, after paying the rate of interest mentioned in the preceding section, there shall remain a surplus of yearly income, such surplus shall remain as a fund for the purpose of redeeming said works; and when a sufficient amount shall accumulate from such source to pay the expense of constructing the works, or which, together with the amount of private contributions may be sufficient, the said amount shall be paid over to the stockholders pro rata, and the said works shall thereupon be thrown open to public use, free of charge, and it shall not be lawful to exact tonnagedues from vessels passing through the same. SEC. 11. The privileges granted under this Act shall expire Limitation. within ten years from the commencement of the work; Provided, the works shall be commenced within one year from the passage of this Act. And if the said works shall not be commenced within one year, no rights shall accrue under this Act, nor shall any rights vest under this Act, unless the said works shall be completed within thirty months from the passage hereof. CHAP. CCXCIX.-An Act to authorize the Board of Supervisors of The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors, in and for the County Special tax. of Yuba, are hereby authorized to levy, at their regular meeting, to be held on the first Monday of May, one thousand eight hundred and fifty-nine, and every year hereafter, at the time of levying State and County taxes, in addition to other taxes levied for County purposes, a special tax, as follows: the sum of two dollars upon each male inhabitant of the County of Yuba, not by law exempt from poll-taxes; and a sum not exceeding twenty cents upon each one hundred dollars' worth of all the taxable property, real and personal, in said County; and such poll and property-taxes to be levied and assessed, under this Act, shall be assessed and collected as are other poll and property-taxes for State and County purposes, and shall be paid as other taxes. The money collected under the provisions of this Act shall be held and used for the payment of the current expenses of the County, other than the annual or per diem salaries, and the fees of County officers. SEC. 2. Said Board of Supervisors shall cause to be prepared Blank so many proper blank receipts, for poll-taxes, as may be neces- receipts. sary to carry out the provisions of this Act, and the Clerk of the Board shall sign the same, and make entry thereof in a book, to be by him kept for that purpose, and shall, from time to time, deliver to the Treasurer of said County so many of such executed receipts as may be required; and said Treasurer shall sign the same, and make an entry thereof in a book, to be by him kept for that purpose; and on or before the first Monday of March, of each year, issue to the officers authorized to collect poll-taxes so many of such executed receipts for poll-taxes as may be needed; and such officer shall give a receipt to the Treasurer for |