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Regulations of
Trustees.

Sweeping Plaza.

Fine.

Same.

Notice to remove
Alth.

At expense of party.

CHAPTER CCXI.

AN ACT

To Authorize the Board of Trustees of the City of San Diego, to make regulations to prohibit the obstruction or placing of rub bish or filth, or slaughtering of animals in the streets or alleys of that part of said city known as Old San Diego, and for sweeping aud cleaning the Plaza thereof.

[Approved May 7, 1855.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The Trustees of the City of San Diego are by this Act, authorized to make such regulations, not inconsistent with its provisions, as they, or a majority of them may deem necessary, to prevent the obstruction of any street or alley, or the placing of any rubbish or filth, or the slaughtering of any beef or other animal therein, in that part of said city known as Old San Diego, according to the survey and plat thereof, made by Lieutenant Cave G. Couts, of the U. S. Army, in the year one thousand eight hundred and forty-nine; they shall also have authority to make from time to time such orders as may be necessary for the sweeping and cleaning the Plaza of Old San Diego; but no fine or penalty shall be imposed by such regulations or orders, other than such as are allowed by the provisions of this Act.

SEC. 2. If any person shall place any obstruction, or place any rubbish or filth, or slaughter any beef or other animal, or cause the same to be done in any street or alley in said city of San Diego as described by the first section of this Act, contrary to the regulations established by the Board of Trustees prohibiting the same, he, she, or they, for obstructing such street or alley, shall, for the first offense, be fined in a sum not to exceed twenty, nor less than five dollars, and for the second, and each subsequent offense, in a sum not to exceed fifty, nor less than ten dollars; for placing any rubbish or filth, or slaughtering any beef or other animal, or causing the same to be done, in any such street or alley, he, she or they, shall be fined for the first offense the sum of fifty cents, and for the second and each subsequent offense, in a sum not to exceed ten nor less than two dollars.

SEC. 3. If any person shall place any obstruction, rubbish or filth, in any such street or alley, or cause the same to be done, the President of the Board of Trustees shall give such person notice in writing to remove the same, and if the notice shall not be complied with as specified in the regulations made by the Board of Trustees, the President of said Board may order the Marshal to have the same removed at the expense of the party refusing or neglecting to comply with the notice given to remove the same; and the amount properly so expended, or any fine imposed under the provisions of this Act, may be recovered of the party before any Justice of the Peace in the

Township of San Diego, in the County of San Diego, and the Justice of the Peace of the said Township shall have full and complete jurisdiction thereof.

Marshal.

SEC. 4. The Constable of the Township of San Diego in the Ex-officio County of San Diego, shall be ex-officio Marshal of that part of the City of San Diego, known as Old San Diego; but in case there shall be no Constable in said Township, the Board of Trustees may appoint some suitable person to act as Marshal, and it shall be the duty of the Marshal to perform such duties as the regulations established by the Board of Trustees may prescribe; and for the performance of such duties, he shall receive no regular salary, but shall from time to time receive such compensation as the Board may deem just and proper Marshal. it shall also be his duty to serve any and all papers that may be issued by a Justice of the Peace for the recovery of any fine imposed, or expenses incurred under the provisions of this Act.

Compensation of

Marshal.

SEC. 5. For all papers issued by any Justice of the Peace under this Act, and served by the Marshal, they shall be allowed to tax Costs allowed to and collect from the defendent, the same costs as may be allowed by law for similar services in other cases, but if the decision of the Justice shall be against the Board of Trustees, no costs shall be allowed. SEC. 6. All fines imposed and collected under the provisions of Fines, how applied. this Act, shall be first applied to pay the Marshal, for such services as the Board of Trustees may allow him compensation; and the balance, if any, shall be applied to the payment of the salary of the teacher of the Common School of that Township.

CHAPTER CCXII.

AN ACT

To Legalize the City Assessment of the City of San Francisco for the
Fiscal Year 1854-55.

[Approved May 7, 1855.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. That the assessment of taxes for municipal purposes Municipal taxes for the fiscal year commencing July first, eighteen hundred and fifty- of '54 legalized. four, and ending June thirtieth, eighteen hundred and fifty-five, made by the Assessors of the City of San Francisco, in pursuance of a joint-resolution of the Common Council of said city, number four hundred and fifty, and certified by said Assessors, and presented to the Common Council on the twelfth day of March, A. D. eighteen hunpred and fifty-five, after correction and approval by the Common Council, be and the said assessment so corrected and approved is hereby ratified, confirmed and legalized.

Force of assessment.

Duty of
Collector.

SEC. 2. That said assessment so confirmed and legalized shall be and remain as a judgment and valid lien upon the property assessed, and have the force and effect of an execution against the owner of the same, and all other property held by such owner; and that the Collector of the City of San Francisco is hereby authorized and required to seize and sell in like manner, and with the same fees as are allowed for advertisement and sale under execution, any property the taxes upon which shall not have been fully paid on or before the first day of June, A. D. eighteen hundred and fifty-five, or any property liable to such seizure or sale by virtue of said assessment, or sufficient thereof to satisfy said taxes and costs of collection, by giving Notice of sale. ten days' notice by advertisement in some public newspaper published in the said City of San Francisco; and the said sale and the certificates and deeds executed thereon shall, in all respects, not otherwise provided for in this Act, be made and executed in accordance with Force and effect the provisions of law now in force; and the certificates of sale and deeds so executed, shall have the same effect as evidence as other deeds upon tax sales under the provisions of law now in force.

of deeds.

Record of assessment.

Construction of

Act.

Exception.

SEC. 3. In any and all legal proceedings that may hereafter arise in any of the Courts of Justice in this State, involving the legality or validity of the said assessment, the record of said assessment shall be received and recognized by said Courts of Justice, or any of them, as conclusive evidence of the facts therein contained, and of the regularity and validity of said assessment and lien.

SEC. 4. This Act shall be so construed as not to compel the payment of any greater amount of taxes by any tax-payer of the City of San Francisco, than such tax-payer could be compelled to pay under the assessment made for the fiscal year commencing July first, eighteen hundred and fifty-four, and ending June thirtieth, eighteen hundred and fifty-five, by the City Assessors' from the County Assessors' books, had such assessment been legal, immediately preceding the present City Assessors of said city, except in cases wherein lands and personal property appear on the assessment list, mentioned in the first section of this Act, which were not assessed by the City Assessors immediately preceding the present City Assessors of said city.

CHAPTER CCXIII.

AN ACT

To provide for the Selection of Lands donated by the United States to the State of California for the support of Common Schools, and for the Erection of Public Buildings.

[Approved May 7, 1855.]

The People of the State of California, represented in Senate and

Assembly, do enact as follows:

General.

tion of Buildings

SECTION 1. It shall be the duty of the Surveyor General of this Duty of Survey or State, and he is hereby authorized and required: First. To select, in lots not less than three hundred and twenty acres in one body, from such lands as have been granted to this State by an Act of Congress, approved April 4, 1841, entitled "An Act to appropriate the Proceeds of the Sales of the Public Lands and to grant Pre-emption Rights," and applied by the Constitution of this State, article 9, section 2, to the support of Common Schools, and not heretofore selected and located. And such selections shall be made as soon as practicable, after the lands have been surveyed by the United States Surveyor General (or sooner, if allowed by the laws of the United States.) Second. To select, in legal subdivisions of not less than a quarter section of any of the unsold, unoccupied and unappropriated public lands in the State, the quantity of ten entire sections, granted Lands for erecto the State of California for the purpose of erecting public buildings, by an Act of Congress, approved March third, one thousand eight hundred and fifty-three. Third. That when any settlement by the erection of a dwelling-house or the cultivation of any portion of land, shall be made upon the sixteenth or thirty-sixth sections in each township, granted to the State of California for the purpose of Common Schools, by an Act of Congress, approved March 3d, 1853, or when said sections, or either of them, shall happen to come on lands owned by virtue of a valid Spanish grant, then and in that case said Agents shall select other public lands in the same quantity and if they cannot be found unoccupied in the same township, then an equal quantity of unoccupied Government land may be selected Gov'nt land. in any adjoining township. The selection in the fractional townships. shall be made pursuant to an Act of Congress, approved on the 20th of May, 1836, entitled "An Act to appropriate Lands for the Sup-fractional townport of Schools in certain Townships, and fractional Townships, not ships. before provided for," and which shall be subject to approval by the Secretary of the Interior, to wit.: for each Township or fractional Township containing a greater quantity of land than three-quarters of an entire township, two sections; for a fractional township containing a greater quantity of land than one-half and no more than three-quarters of a township, one section and a half; for a fractional township containing a greater quantity of land than one-quarter and not more than one-half of a Township, one section; and for a fractional Township, containing a greater quantity of land than one en

:

Lands selected.

granted to

Duty of County
Surveyor.

Duty of Surveyor General.

Expenses.

Report of Surveyor General.

Quantity, locality, etc.

tire section and not more than one-quarter of a township, one half section of land.

SEC. 2. The County Surveyor in each and every county within which public lands are situated, shall, when called upon, aid or assist the Surveyor General in selecting the lands described in this Act, and shall receive for their services not exceeding ten dollars per diem, for the time actually employed by him in making such selections, and his account for such services shall be verified by an oath, and shall be paid out of the County Treasury in the same manner as other county officers are paid.

SEC. 3. Upon the passage of this Act the Surveyor General of the State shall, from time to time, procure of the United States Surveyor General certified copies of the surveys mentioned in this Act, to be used as a guide in the selection of lands to which the State of California is entitled. All necessary expenses incurred in procuring copies of said surveys from the United States Surveyor General, for the purposes mentioned in this Act, shall be audited and paid by the Controller out of the General Fund.

SEC. 4. The Surveyor General of this State shall make a monthly report to the Governor of the State, of the selections he has made, accompanied by plats of the lands; which reports shall state the quantity, quality, locality and estimated value of the lands, together with any other information he may consider necessary; after which, Notification of the Governor shall notify the United States Register of the proper land office, of the selections thus made, and furnish him with a plat or plats of the same.

Governor.

Surveyor Gener

al's annual

report.

SEC. 5. The Surveyor General shall embrace in his annual report a full statement of the quantity, quality, location and estimated value of the lands selected, together with plats of the same.

Amount appropriated.

CHAPTER CCXIV.

AN ACT

To provide for Payment for Extra Work done on the State Prison

Building.

[Approved May 7, 1855.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The Controller of State is hereby authorized and required to draw his warrant on the Treasurer of State in favor of the San Francisco Manufacturing Company, for the sum of ten thousand five hundred and thirty-five dollars and ninety cents, to pay for extra work done in constructing the State Prison Building; and the Treasurer is required to pay the same out of any money in the Treasury not otherwise appropriated.

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