county taxes, and shall receive the same compensation as the Sheriff for similar services. SEC. 2. Real estate shall not be sold for the payment of the general Exempted. tax levied under the provisions of sub-divisions two of Section 1, of Article three of this Act, before the third Monday of October in each year. SEC. 3. Upon the passage of all resolutions and ordinances appro- Appropriating priating money, imposing taxes, abolishing licenses, increasing or lessen- money. ing the amount to be paid for licenses, the ayes and nays shall be Ayes and noes. entered upon the Journal. necessary. SEC. 4. A majority of the members elected shall be necessary to Majority pass a resolution or ordinance appropriating for any purpose the sum of five hundred dollars or upwards, or an ordinance in any wise increasing or diminishing the city revenue. SEC. 5. All resolutions or ordinances calling for the appropriation Ordinance to of any sum of money, exceeding one thousand dollars, shall lay over for lay over. the space of one week, and be published in one of the newspapers printed in the city. SEC. 6. The style of the city ordinances shall be as follows: The Style of Common Council of Marysville, do ordain as follows: All ordinances ordinance, shall be published in one or more newspapers printed in the city. To be published. SEC. 7. The Act entitled "An Act to Incorporate the City of Marys- Repeal. ville," passed February 5th, 1851, and Act entitled an Act supplementary to the Act Incorporating the City of Marysville, passed April 10th, 1852, and the Act entitled an Act supplementary to the Act Incorporating the City of Marysville, passed May 7th, 1853, and the Act. entitled an Act amendatory to the Act Incorporating the City of Marysville and to all Acts supplementary and amendatory to the same, passed May 6th, 1854, and the Act entitled "An Act amendatory to an Act Incorporating the City of Marysville," and Acts supplementary to said Act, passed February 3d, 1854, and the Act entitled an Act amendatory to an Act to Incorporate the City of Marysville, and to Acts supplementary and amendatory thereto, passed March 30th, 1854, are hereby repealed; provided, however, that all rights acquired under the said Acts are hereby saved and continued; and provided, moreover, that until a Recorder shall be elected and qualified under this Act, the Mayor shall exercise the same jurisdiction and judicial functions, as he possessed before the passage of this Act. 3 Clingan appointed. Power to collect tax. Same powers as sheriffs. Final settlement. Oath. Description of property. Sale. Sale valid. List of those owe tax. Posted up. CHAPTER XXXI. AN ACT Concerning the Collection of Taxes now due in the County of Marin. [Approved March 8, 1855.] The People of the State of California, represented in Senate and SECTION 1. That David Clingan, recently appointed and commissioned as Sheriff of the county of Marin, in place of J. T. Stocker, who has absconded from the State, shall continue the collection of State and county taxes due therein, until the first Monday of May, one thousand eight hundred and fifty-five; and for that purpose he shall have the same powers that are given Sheriffs by an Act passed May fifteen, one thousand eight hundred and fifty-four, entitled an Act to Provide Revenue for the Support of the Government of this State," and in said collections he shall be governed in all respects by the said Act, except so far as the same may be governed by this Act. 66 SEC. 2. That the said David Clingan shall not be required to make a final settlement or return his delinquent list until the first Monday in May; provided, however, that prior to proceeding under this Act he shall take oath before the Treasurer, (which oath shall be filed with the Auditor and recorded in the Recorder's office) that he has not in his hands any moneys collected for taxes other than such as he verily believes he is entitled to as fees and costs. SEC. 3 That said David Clingan shall post up on the Sheriff's office in said county for ten consecutive days, a description of all real estate and improvements, for the taxes of eighteen hundred and fiftyfour, upon which any taxes may be due and unpaid; and at the expiration of the said ten days he may proceed to sell the same from day to day, without further notice, in like manner and with the same effect as sales made under the Act referred to in "section one" of this Act. He shall also make out an alphabetical list of all persons, firms and corporations from whom any tax may be due, which list shall also be posted up as before directed; and if any tax shall not be paid at the expiration Take possession of the ten days, he may proceed to take and keep possession of so much of any personal property of whatsoever kind or nature belonging to any party owing said tax, as he may deem necessary to pay the taxes and costs; and shall post a description of the same on the door of his office, and at the expiration of five days he shall sell the same in front of the Court House door of the county without further notice. If where personal property has been assessed, no personal property can be found, he shall levy upon the real estate of the party, and proceed to collect the tax out of such real estate in the manner provided in the aforesaid Act of May fifteenth, one thousand eight hundred and fifty-four. of property. Sell five days. Levy on real estate. Costs. SEC. 4. All costs and fees arising in consequence of the proceedings authorized above, shall be added to the taxes due, and be collected therewith or be returned and allowed in the delinquent tax list as the case may be. SEC. 5. All laws or parts of laws contrary to the provisions of this Repeal. Act are hereby repealed, so far as they extend to the county of Marin during the continuance of this Act, and no longer. SEC. 6. This Act shall go into effect immediately, and shall expire on the first day after the first Monday of May, A. D. one thousand eight hundred and fifty-five. CHAPTER XXXII. AN ACT To Re-incorporate the City of Sonora. [Approved March 9, 1855.] The People of the State of California, represented in Senate and SECTION 1. The people of the city of Sonora shall continue to be a style. body politic and corporate under the style of the "Trustees of the City of Sonora," and by that name they shall have succession, may complain Powers. and defend in all courts and in all actions and proceedings; purchase, receive and hold property, and sell or otherwise dispose of the same, for their common benefit, but shall have no power to purchase real estate. SEC. 2. The city of Sonora shall hereafter be bounded as follows, Boundaries. viz.: (According to Trask's survey) beginning at a point on the bridge about sixty feet from the northwest corner of the City Hotel, and running N. 65" E. one half mile, thence N. 25" W. one half mile, thence South 65" W. one half mile, thence S. 25" E. one mile, thence N. 65" E. one mile, thence N. 25" W. one half mile to the middle of the eastern line or place of beginning. SEC. 3. The Legislative power of the city shall be vested in the Trustees. following persons, who shall compose the Board of Trustees for the government of said city, viz.: Alonzo Green, Wm. G. Heslep, C. L. Street, L. C. Gunn and P. McD. Collins, whose term of office shall continue one year from the passage of this Act, and the Trustees shall Term of office. be elected annually thereafter. SEC. 4. In case of vacancy by resignation or otherwise, the remain- Vacancy. ing Trustees shall have power and be required to fill such vacancy at How filled. their next regular meeting. SEC. 5. The said Trustees shall, within ten days after they have taken the oath of office, organize as a Board, by choosing a President President. from among their own number. The duties of the President, besides those herein imposed, shall be such as may be prescribed by the Board, not inconsistent with this Act. SEC. 6. The Trustees shall have power to appoint a Clerk and Clerk. Collector, and provide for their compensation. The Clerk shall keep Duties of Clerk. distinct and proper minutes of the proceedings of the Board, and shall record the name of every Trustee present at each meeting, and the ayes and nays on such questions as the Board may desire. His minutes and records shall be open to public inspection during business hours, and he shall furnish a copy of the proceedings of said Board at each meeting to the city papers. Meetings public. Office. Trustees to SEC. 7. The meeting of the Board shall be public, and shall be held on the first Monday of each month, and at such other times as the Board may appoint. The Board shall have power to rent an office at an expense of not more twenty-five dollars per month. SEC. 8. The said Trustees, after they have taken the oath of office, take possession. shall, as speedily as possible, and they are hereby empowered to enter upon and take possession of all the property and interest of property of whatever description of the said city, and to dispose of the same if they see proper, to bring and maintain all suits and proceedings at law or equity in any Court of this State, or the United States, and to do any other acts or exercise any other power necessary to carry out the provisions of this Act, not inconsistent with this Act or the Constitution and laws of this State. Conveyances. Revenue. Laws. Levy and collect tax. Tax list. Same as State tax list. Property overassessed. Police. SEC. 9. Every act of the Board of Trustees for the disposition of the property or interest of property of the city shall require a vote of at least three of the Trustees, and every conveyance or agreement for a conveyance shall have the signature and seal of the President of the Board, attested by the Clerk thereof. SEC. 10. The Trustees shall have power and it shall be their duty semi-annually to raise by tax on the real and personal property in the city a revenue not to exceed one per cent. in any one year, agreeable to the County Assessor's books; or they may appoint an Assessor if they think proper, and provide for his compensation. They shall also have power within the city to pass all proper and necessary laws for the regulation, improvement and sale of city property, and for the levy and collection of city taxes on all taxable property not exceeding the amount per annum herein before prescribed. SEC. 11. It shall be the duty of the Assessor to prepare within such time as the Trustees may direct, a correct list of all the taxable property within the city, with the true valuation thereof, and to present the same certified to the Board of Trustees. The mode of making out said list and of ascertaining the value of property, and of collecting all taxes, shall be the same as it is or may be prescribed by law for assessing and collecting the State revenue; should the owner of any property assessed as aforesaid not be satisfied with the valuation thereof, he may apply to the Board of Trustees for the reduction of the assessment, and their decision shall be final. SEC. 12. The Trustees shall have power to organize a volunteer police, and shall continue the organization of the fire department. The Trustees also shall have power to provide for the supply of the city Fire department with water for the prevention and extinguishment of fires, by regulating the storage of gunpowder, hay, tar or other extremely combustible materials; and to pass all necessary ordinances for the protection of the "Gold Mount Water Works," and to regulate the sale and distribution of water in the city; and to affix penalties to the violation of any ordi Water. Combustible matter. Water Works. Officers and their powers nance. SEC. 13. The Justices of Peace and Constables within said city, shall be conservators of the peace therein, and shall have jurisdiction in all civil and criminal cases not inconsistent with their jurisdiction as conferred by law. clause. SEC. 14. The ordinance clause of city ordinances shall be Ordaining "The People of the City of Sonora do ordain as follows"-a majority of the Trustees shall constitute a quorum for the transaction of business, Quorum. but a smaller number may compel the attendance of absent members, and no tax or assessment shall be voted except by a majority of all the By-laws. Trustees. The Trustees shall have power to make by-laws and ordinances not repugnant to the Constitution and laws of the State. SEC. 15. Tax payers shall have the privilege of paying their taxes in cash or in city scrip. SEC. 16. In case the public debt is not liquidated at the expiration Public debt. of three years, the Trustees shall have power to levy a sufficient tax in addition to the one per cent. authorized in section 10, to pay the outstanding debt. SEC. 17. The Trustees shall report and publish every three months a statement showing how their trust has been executed. SEC. 18. The Trustees shall require the registration of the evidence of city indebtedness. SEC. 19. The present city officers shall deliver to the Trustees all Books, records, books, papers and effects belonging to said city upon demand records, &c. of the President of the Board. SEC. 20. The Act entitled "An Act to Incorporate the City of Repeal. Sonora," passed May 1st, 1851, and the Act entitled "An Act to Incorporate the City of Sonora," passed May 1st, 1851, as amended by the Act of the Legislature, passed May 15th, 1854, are hereby repealed, and that this act take effect from and after its passage. CHAPTER XXXIII. AN ACT To create a "Board of Supervisors" for the County of Alameda. [Approved March 9, 1855.] The People of the State of California, represented in Senate and Members of SECTION 1. There shall be in the county of Alameda, a Board of Supervisors, to consist of one member from each township in said Board. county, to be elected as hereinafter prescribed; provided, that no Justice of the Peace, Clerk, Sheriff or other county officer or deputy Not eligible. thereof, shall be eligible to the officer of Supervisor. SEC. 2. Said Supervisors, who shall be qualified electors of said qualifications. county, shall be elected each by the qualified voters of his respective township at the next general election, and at the general election of When elected. every subsequent year, and shall hold office until their successors shall Term of office. be elected and qualified; provided, that the first election for the Board of Supervisors created by this Act shall be held on the third Monday First election. |