Fund. arate column, opposite the name of the party so assessed, when liable to pay a road tax, the figure one, as required by this Act; and all able-bodied men, except Indians, who have resided three months in this State and ten days in the road district, shall pay the road poll tax herein provided for; and all moneys received County Road or collected for such taxes or assessments shall constitute the County Road Fund. In order to enable the Board of Supervisors to levy the poll tax heretofore specified, and to provide for the collection of the same, the Assessor or Assessors in the County of Santa Clara shall prepare, in his or their tax list or assessment roll, a separate column, headed "Road Poll," in which he shall place against the name of every person liable to pay road poll tax, the figure one. All taxes and assessments, with the assessments hereinafter provided, shall be collected by the Tax Collector of the county, in the same manner as other State and county taxes, and placed in the County Treasury to the credit of the Road Fund. Road poll. Collection. Property to survivors. CHAPTER CXCII. An Act to amend section one hundred and twenty-one of an Act entitled an Act to regulate the settlement of the estates of deceased persons, passed May first, eighteen hundred and fifty-one. [Approved March 16, 1868.] The People of the State of California, represented in Senate and SECTION 1. Section one hundred and twenty-one of the Act of May first, eighteen hundred and fifty-one, the title of which is recited in the title of this Act, is hereby amended so as to read as follows: Section 121. Upon the return of the inventory, or at any for us apart subsequent time during the administration, the Court or Probate Judge may set apart, for the use of the family of the deceased, all personal property which is by law exempt from execution; and, if no homestead has been selected under the General Homestead Law, shall also set apart, for the use of the family as a homestead, the dwelling-house occupied and used by the family as a residence at the time of such decease, if owned by the deceased; provided, however, that such homestead shall not include more than twenty acres of land, with the dwelling-house thereon, if situated without the limits of an incorporated city, town or village, or more than one lot of land in any incorporated city, town or village, with the dwelling-house thereon, to be selected by the widow, if there be one, and if not, then by the Probate Judge, and not to exceed in value the sum of five thouHomestead. sand dollars. If the homestead selected by the husband and wife, or either of them, under the General Homestead Law, has been included in the inventory, it shall be set off to the survivor of them, free from any further administration as a part of the estate; provided, that no lien or incumbrance upon such homestead premises shall be in any way affected by any of the provisions of this Act. SEC. 2. This Act shall take effect from and after its passage. CHAPTER CXCIII. An Act to provide for paving the streets in the City and County of [Approved March 14, 1868.] The People of the State of California, represented in Senate and Foundation pavement. SECTION 1. Whenever a majority of the owners, or their stow agents, in frontage of any block of land fronting on any street, lane, place, alley, court, or street-crossing, in the City and County of San Francisco, petition the Board of Supervisors of said city and county for the construction of the "Stow Foundation" pavement, or any other wood pavement which shall be constructed with the grain of the wood in a vertical position, the said Board of Supervisors shall order the same to be laid down and constructed, under the same laws and regulations as other pavements are constructed; and when the same is completed to the satisfaction of the Superintendent of Streets, the Board of Supervisors may accept the same in the same manner as other pavements are accepted, and be liable to the same laws and regulations as other pavements are, and no other. Said "Stowe Foundation" pavement shall not cost to exceed twenty-five cents, in gold or silver coin, per square foot. SEC. 2. This Act shall take effect and be in force from and after its passage. CHAPTER CXCIV. An Act granting to the mining counties of this State the foreign miners' tax collected in said counties, severally. [Approved March 16, 1868.] The People of the State of California, represented in Senate and by counties. SECTION 1. All moneys hereafter collected for foreign miners' Moneys to license, except when otherwise specially appropriated by law to be retained special use, less the percentage allowed for collection, shall be paid into the County Treasury of the county in which they are collected; ten per cent. of which shall be accredited to and County licenses. Record. Reports of Collector. become a part of the County School Fund, and the remainder shall be paid into the General Fund of said county. SEC. 2. Foreign miners' licenses shall be hereafter issued and signed by the County Auditor and countersigned by the District Attorney of the county, and shall be placed in the hands of the County Collector for collection, in the same manner and under like regulations and restrictions as are now provided by law for the collection of foreign miners' licenses upon certificates issued by the Controller of State. SEC. 3. The County Auditor shall keep a book, in which he shall charge the Collector with all licenses issued to him from time to time, and credit him with all licenses returned and not sold by him, and also credit him with the percentage due him for collecting, and for all moneys paid into the County Treasury; and said Collector shall be accountable on his bond for any deficiency in his accounting. SEC. 4. The County Auditor shall make a quarterly report Auditor and to the Board of Supervisors of the county of the number of licenses issued to the Collector, the number by him sold for each month, and the amount paid into the General and School Funds therefor; and he shall require the Collector, on the first Monday of each month, to render his account of sales for the previous month, and to settle his accounts with the county therefor. SEC. 5. All Acts and parts of Acts in conflict with the provisions of this Act, except Acts heretofore passed granting the Foreign License Funds for counties for specific purposes, are hereby repealed; and in all cases of special grants, said licenses shall be collected in the manner and under the authority of this Act. SEC. 6. This Act shall take effect sixty days after its passage. Boundary line. CHAPTER CXCV. An Act to fix and define the boundary line between the Counties of [Approved March 16, 1868.] The People of the State of California, represented in Senate and SECTION 1. The boundary line between the Counties of San Mateo and Santa Cruz shall be as follows: Commencing at a point in the Pacific Ocean, south, forty-five degrees west, three miles from the intersection of the east line of Rancho Punta del Año Nueva with said ocean; thence north, forty-five degrees east, to said point of intersection; thence northerly, following the eastern boundary line of said Rancho Punta de Año Nueva, to its intersection with the south boundary line of Township Eight south, Range Four west, Mount Diablo meridian; thence east to the southeast corner of said township; thence north to the northeast corner of section twenty-five of said township; thence east to the corner of sections twenty-three, twenty-four, twenty-five and twenty-six, Township Eight south, Range Three west; thence north to the line between the Counties of Santa Clara and Santa Cruz. County to pay. ment of debt. SEC. 2. In consideration of the establishment of the dividing San Mateo line between the said counties, and the setting off of said territory to the County of San Mateo, as provided for in section one of this Act, the County of San Mateo shall pay to the County of Santa Cruz the sum of five thousand dollars, in gold coin, together with interest thereon, at the rate of ten per cent. per annum from and after the passage of this Act, until paid; the said sum of five thousand dollars being a little over the proportion Apportionto the whole debt of the County of Santa Cruz that the taxable property transferred to the County of San Mateo, by the establishment of said line, bears to the whole amount of taxable property in the County of Santa Cruz.__ Said sum of five thousand dollars shall be paid as follows: Two thousand five hundred dollars during the fiscal year of San Mateo County, ending June thirtieth, eighteen hundred and sixty-nine, and two thousand five hundred dollars during the fiscal year ending June thirtieth, eighteen hundred and seventy. The interest shall be paid annually, at the same time that said principal is to be paid. And the Board of Supervisors of San Mateo County are hereby directed, at a meeting to be held on or before the last day of each of the two fiscal years above mentioned, to issue an order to the Auditor of said County of San Mateo, for the said several sums, as herein before provided, instructing him to draw his warrant on the County Treasurer of said County of San Mateo Auditor to for the sums above mentioned, and to deliver the same to the draw warregularly constituted agent of the Board of Supervisors of Santa Cruz County, who shall present said warrants to the County Treasurer of San Mateo County, who shall pay the same as other county warrants are paid. If the Board of Supervisors of San Mateo County should neglect or refuse to levy the tax as provided for in section three of this Act, the Board of Supervisors of Santa Cruz County are hereby authorized to apply to any Court of competent jurisdiction for a writ of mandamus to enforce the levying of said tax. All the territory lying between the line, as fixed by section one of this Act, and the line or lines heretofore dividing said counties, is hereby declared to form a portion, and be included in, the County of San Mateo. rant. SEC. 3. For the purpose of carrying the provisions of section Supervisors two of this Act into effect, the Board of Supervisors of San to levy tax, Mateo County shall have power, and it shall be their duty, to levy annually, at the time of levying State and county taxes, upon the whole amount of taxable property in the county entered and appearing upon the assessment roll, after the completion and equalization thereof, such rate or proportion as, upon the aggregate value of said roll as footed up, will produce an amount sufficient to meet said payments. Said tax shall be collected at the same time and in the same manner as State and county taxes are collected. SEC. 4. All Acts or parts of Acts, so far as they conflict with the provisions of this Act, are hereby repealed. SEC. 5. This Act to take effect and be in force from and after its passage. Board of Powers. CHAPTER CXCVI. An Act to provide for the Government of the County of San Diego. [Approved March 18, 1868.] The People of the State of California, represented in Senate and SECTION 1. The County of San Diego shall be governed by a Supervisors. Board of Supervisors, which shall consist of three members, who shall have such powers as are hereinafter conferred upon them, and such further powers and be subject to such limitations and restrictions as are conferred upon Boards of Supervisors by an Act entitled an Act to create a Board of Supervisors in the counties of this State, and to define their duties and powers, approved March twentieth, eighteen hundred and fifty-five, and of the various Acts amendatory thereof and supplementary thereto, so far as the same are applicable to San Diego County, except as herein otherwise specially provided; which Board of Supervisors shall be a body politic and corporate by the name and style of the Board of Supervisors of the County of San Diego, and by that name they and their successors shall be known in law; shall have perpetual succession; may make, have, alter and renew a common seal; may sue, complain and defend in all Courts and in all actions and proceedings whatever; and may purchase and hold real estate and personal property, and receive and hold, or both, by legacy or donation, for the county or in trust for the use of common schools, or for a Poor-house, Alms-house, Hospital or indigent sick; and they may do all such other things, perform all such other acts and exercise all such other powers as by this Act or by any other law are or may be granted them Not be sued. to do, perform or exercise, except as otherwise in this Act provided; but said corporation shall not be sued in any action whatever, nor shall any of its lands, tenements, appurtenances, franchises, taxes, revenues, actions, choses in action, property or effects, of any kind or nature whatever, be taken in attachment or on execution, or be subject to levy or sale upon any process, Their action either original, mesne or final; but any citizen of the county may be con- who is a taxpayer, or any party interested or damaged or likely to be damaged by any action or proceeding had, about to be had, or refused to be taken, on the part of the Supervisors or of any county officer, may proceed by certiorari, mandamus or injunction to inquire into the legality of, or to prevent or compel, as the case may require, such action or proceeding, if the same can legally be prevented or compelled. tested. Qualification and election. SEC. 2. Each member of the Board shall be a resident taxpayer and qualified elector of said county. Said Board shall be elected by the qualified electors of said county at the general election of the year one thousand eight hundred and sixty-nine, |