Re-annexed. CHAPTER CCCLXXVII. An Act relating to the boundary line between the Counties of Plumas and Sierra. [Approved March 28, 1868.] The People of the State of California, represented in Senate and SECTION 1. All that portion of the territory of Plumas County lying south of Slate Creek is re-annexed to the County of Sierra and hereby declared to be a part of Sierra County. SEC. 2. All Acts and parts of Acts, so far as they conflict with the provisions of this Act, are hereby repealed. SEC. 3. This Act shall take effect from and after its passage. Appointed. CHAPTER CCCLXXVIII. An Act appointing Commissioners to examine into the practicability of making a new outlet for the flood waters of the Sacramento Valley. [Approved March 28, 1868.] The People of the State of California, represented in Senate and SECTION 1. The Surveyor-General of this State, W. S. Green of Colusa County, and Amos Mathews of Yolo County, are hereby appointed Commissioners to examine into the practicability of opening a new outlet for the flood waters of the Sacramento River. The report of the Surveyor-General made to this Legislature on the nineteenth day of March, eighteen hundred and sixty-eight, is referred to said Commissioners, and they are required to report upon the suggestions made therein at the next regular session of the Legislature-it being the express understanding that no cost shall be made to the State by said Commission. SEC. 2. This Act shall take effect from and after its passage. Districts. CHAPTER CCCLXXIX. An Act to provide for the election of Supervisors in the County of [Approved March 28, 1868.] The People of the State of California, represented in Senate and SECTION 1. The County of Santa Cruz is hereby divided into three Supervisor Districts, which shall be respectively known and designated as "Supervisor District No. 1," "Supervisor Districts. District No. 2" and "Supervisor District No. 3." The Township of Pajaro shall be and constitute Supervisor District Number One. The Township of Soquel shall be and constitute Supervisor District Number Two. The Township of Santa Cruz shall be and constitute Supervisor District Number Three. The term of office of each of said Supervisors shall be three years, beginning on the first Monday of the month succeeding their election. The present Supervisors of the county shall hold their full term out. At the general election in eighteen hundred and Election. sixty-eight there shall be elected a Supervisor in the district. where the Supervisor resides, whose term will expire on the first Monday in March, eighteen hundred and sixty-nine; and in eighteen hundred and seventy-one there shall be elected a full Board, who shall be elected, respectively, from their several districts, and shall hold their office as follows: Supervisor of District Number One shall hold his office for one year, Supervisor of District Number Two shall hold his office for two years, and Supervisor of District Number Three shall hold his office for three years. When the said terms shall expire the Supervisors shall be elected in each year thereafter and hold their office for three years as herein provided. SEC. 2. This Act shall take effect and be in force from and after its passage. CHAPTER CCCLXXX. An Act to authorize the Board of Supervisors of the City and County of San Francisco to modify and change the grade of streets in said City and County. [Approved March 28, 1868.] The People of the State of California, represented in Senate and tion. SECTION 1. The Board of Supervisors of the City and County Upon petiof San Francisco are hereby authorized and empowered, upon petition of the owners of three fourths of the property to be affected thereby-said property to be ascertained and indicated by said Board of Supervisors in the manner provided in the first subdivision of section two of this Act-to change and modify the grade of any street or avenue, or of any part of any street or avenue, in said city and county, as is hereinafter provided. SEC. 2. The grade of any street or avenue, or portion of any street or avenue, the grade of which has been fixed by ordinance, shall not be altered or changed, except upon an adjustment of the benefits and damages; and the proceedings shall be as follows: First-The Board of Supervisors, upon the receipt of a peti- Notice. tion in conformity with the provisions of section one of this Act, shall publish in the official newspaper of said city and county a notice of their intention to make such [change]. Said Claims for damages. County Court to appoint Commission ers. Powers and duties. notice shall be published for thirty days, and shall describe the proposed change, and designate the limits within which the lots of land to be benefited shall be assessed to pay any damages that may be awarded by reason of the change. Second-Within twenty days after the first publication of said notice, any person claiming that he or she would sustain damage by reason of such change shall file a petition with the County Clerk, addressed to the County Court, setting forth the fact of his or her ownership, the description and situation of his or her property, its market value, and the amount of damage, over and above all benefits, which he or she would sustain by reason of the proposed change, if completed, asking the appointment of Commissioners to assess such damage; which petition shall be verified by the oath of the petitioner, or his or her agent. Third-On the filing of such petition, the said County Court shall take jurisdiction of the proceedings, and the County Clerk shall immediately give notice thereof to the President of the Board of Supervisors. Fourth-At the expiration of the time of publication of said notice, and at the time indicated by said notice, or at such other time to which it may be continued, the County Court shall appoint three citizens, who are freeholders in said city and county, and competent judges of the value of real estate therein, and not interested in said proceedings, as Commissioners, to assess the benefits and damages to each separate lot of land within the limits designated in the notice. Fifth-The Commissioners shall be sworn by the County Judge, to make the assessments of benefits and damages, to the best of their judgment and ability, without fear or favor, and that they have no interest in the controversy, nor in any of the land within the limits designated, which oath shall be filed with the County Clerk as part of the proceedings. A copy thereof, and of the order of appointment, certified by the Clerk, may be delivered to said Commissioners as their authority. Sixth-Said Commissioners shall visit and inspect the premises to be assessed and the premises for which damages are claimed, with a committee from their body, appointed for that purpose by the Board of Supervisors. Seventh-Said Commissioners shall have power, and it is hereby made their duty, to examine, under oath, which any one of them is hereby authorized to administer, any witnesses produced before them by any party, touching the matters to be investigated, and such other witnesses as they may deem necessary to fully acquaint themselves with the actual amount of benefits and damages which will result to the respective parties interested in the proposed change Eighth-Said Commissioners, having determined the damage which will be sustained by each petitioner, over and above all benefits by the completion of the proposed change, shall proceed to assess the whole amount thereof, together with the costs, charges and expenses of the proceedings, including the compensation to the Commissioners for their services, to be taxed and allowed by the County Judge, ratably, upon the several lots of land benefited within the limits designated in filed. confirmed said notice, so that the same shall be distributed according to the benefits produced by such change, as nearly as possible. Ninth-Said Commissioners shall make their report in writing, Report to be and shall subscribe the same and file it with the County Clerk. In their said report they shall describe each piece of property which will sustain damage, stating the amount of the damages which it will sustain over and above all benefits; and they shall also give a brief description of each lot benefited within the designated limits, the name of the owner, if known, and the amount of benefit assessed against the same. In case the three Commissioners do not agree, the award agreed upon by any two of them shall be sufficient. On the filing of said report, the County Clerk shall notify the Board of Supervisors, in writing, of the fact, and thereupon the said Board shall by ordinance confirm or reject said report. If they confirm it, the grades of If report the streets shall be changed as contemplated, and the Clerk of the Board of Supervisors shall notify the County Court that the Board have confirmed the report. The County Court shall thereupon enter up judgment against each lot assessed for benefits, describing the same as accurately as can conveniently be done. Upon which judgment, an order of sale may issue by order of the Court, commanding the Sheriff of said city and county to collect the amount therein mentioned by sale of the lot assessed in the mode prescribed by law for the sale of real estate, the proceeds to be paid by the Sheriff to the Treasurer of the City and County of San Francisco, who shall place the same to the credit of the Street Department Fund; and the same shall be paid, and the Treasurer of said city and county shall pay the amount collected for damages into the County Court, which shall hold, invest and distribute the same in the same manner as provided in section nineteen of an Act entitled an Act to declare and regulate the power of the Board of Supervisors of the City and County of San Francisco to take private lands for certain public improvements and to prescribe the manner of its execution, approved April fourth, eighteen hundred and sixty-four. All such judgments shall be in favor of the City and County of San Francisco, and shall be a lien upon the lot until the same is paid; but no sale shall be made nor execution issue until the County Court shall determine that said work has been completed. SEC. 3. Before entering up judgment, the Court shall fix a day for hearing parties who may feel aggrieved by reason of any of the proceedings; but no objection shall be considered except such as are specifically set forth in writing by the parties; and all errors, omissions and irregularities not specifically set forth shall be deemed to be waived. Any party dissatisfied may, within thirty days after judgment against him or his lot, or the order to pay the damages assessed, appeal to the Supreme Court Appeal. to review the matter complained of, and the appeal shall be taken in the manner and with the same effect as prescribed in, and in all respects be in conformity to, an Act to declare and regulate the power of the Board of Supervisors of the City and County of San Francisco to take private lands for certain pub Fees. lic improvements and to prescribe the manner of its execution, approved April fourth, eighteen hundred and sixty-four, and all subsequent proceedings shall be in conformity therewith and with the same effect. SEC. 4. All acts and proceedings under this law shall be liberally construed, and the judgments and proceedings of the County Court shall be construed like judgments and proceedings of Courts of general jurisdiction. SEC. 5. The Sheriff shall collect fees for the execution, in case an execution issues, as in other cases; but each party may pay to the Treasurer the amount of the judgment against him, and the Treasurer's receipt being produced to the County Court, satisfaction of the judgment shall be entered by the Clerk. The Clerk shall not charge any fees for the proceedings unless execution issues, in which case he shall be authorized to charge five dollars for each execution, to be collected by the Sheriff on the execution. SEC. 6. This Act shall take effect from and after its passage. Boundaries. Board of CHAPTER CCCLXXXI. An Act to provide for a drainage district in the County of Yolo. The People of the State of California, represented in Senate and SECTION 1. That portion of Yolo County known as the Town of Washington, and commencing on the bank of the Sacramento River at the north line of C. C. Taylor's land, running thence westerly to Fifth street; thence southerly with Fifth street to the main road leading westerly from the Sacramento and Yolo bridge; thence with said road to Sixth street; thence southerly along Sixth street to and down the main county road leading down the river to a point just above Samuel Conrad's house; thence up the river bank to the place of beginning, shall be known hereafter as Washington Drainage District of Yolo County. Said SEC. 2. Wadsworth Hodgdon, William B. Todhunter and S. L. Hunt are hereby made Trustees of said district, one to hold office for one year, one for two years, and one for three years from the first Monday of May, eighteen hundred and sixtyeight, and until their successors are elected and qualified. Trustees shall file an oath in the County Clerk's office of Yolo County to faithfully perform the duties imposed upon them by the provisions of this Act, and shall on the first Monday of May, eighteen hundred and sixty-eight, or within ten days thereafter, hold a meeting and decide by lot who shall hold the short and who the long term, and shall elect one of their number President and one Clerk, whereupon the Board of Trustees shall be considered duly organized. |