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Definitions, the compensation of Superintendents of sewers, and of piling and capping.

Fourth-The notices required to be published by the provisions of this Act shall be published in a daily, semi-weekly, or weekly newspaper, to be designated by the Council of such city, as often as the same is issued; provided, however, that in case there is no daily, semi-weekly, or weekly newspaper printed and circulated in any such city, then such notices as are herein required to be published in a newspaper shall be posted, and kept posted, for the same length of time as required herein for the publication of the same in a semiweekly or weekly newspaper, in three of the most public places in such city. Proof of the publication or posting of any notice provided for herein shall be made by affidavit.

Fifth-The word "municipality," and the word "city," as used in this Act, shall be understood and so construed as to include, and is hereby declared to include, all corporations heretofore organized and now existing, and those hereafter organized for municipal purposes.

Sixth-The word "street," as used in this Act, shall be deemed to and is hereby declared to include highways, lanes, alleys, crossings or intersections, courts, and places.

Seventh-The terms "Street Superintendent," and "Superintendent of Streets," as used in this Act, shall be understood and so construed as to include, and is hereby declared to include, any person or officer whose duty it is, under the law, to have the care or charge of the streets, or the improvement thereof, in any city. In all those cities where there is no Street Superintendent, or Superintendent of Streets, the City Council thereof is hereby authorized and empowered to appoint a suitable person to discharge the duties herein laid down as those of Street Superintendent or Superintendent of Streets; and all the provisions hereof applicable to the Street Superintendent or Superintendent of Streets shall apply to such person so appointed.

Eighth-The term "City Council," is hereby declared to include any body or board which, under the law, is the legislative department of the government of any city.

Ninth-The term "receiving sewer" and "receiving sewers," as used in this Act, shall be construed to mean any and all sewers which are to be used as an outlet for ordinary street sewers, and which are to be used as an outlet for the sewage of a watershed, instead of an outlet for the sewage of the property abutting upon a street.

Tenth-In municipalities in which there is no Mayor, then the duties imposed upon said officer by the provisions of this Act shall be performed by the President of the Board of Trustees, or other chief executive officer of the municipality. Eleventh-The term "Clerk" and "City Clerk," as used in this Act, is hereby declared to include any person or officer who shall be Clerk of said City Council.

SEC. 35. The Superintendent of Streets shall, when neces sary, appoint a suitable person to take charge of and superintend the construction and improvement of each and every sewer constructed or improved under the provisions of this

Construction

Act, and of piling and capping, whose duty it shall be to see of sewers, that the contract made for the doing of said work is strictly etc. fulfilled in every respect; and in case of any departure therefrom, to report the same to the Superintendent of Streets. Such person shall be allowed for his time actually employed in the discharge of his duties such compensation as shall be just, but not to exceed four dollars per day. The sum to which the party so employed shall be entitled shall be deemed to be incidental expenses, within the meaning of those words as defined in this Act.

SEC. 36. All Acts and parts of Acts in conflict with any of the provisions of this Act are hereby repealed.

SEC. 37. This Act shall take effect and be in force from and after its passage.

CHAPTER XXV.

An Act to add a new section to the Code of Civil Procedure, to be known as section one thousand two hundred and seven, providing the manner in which preferred labor claims may be disputed.

[Approved March 7, 1883.]

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

SECTION 1. A new section is added to the Code of Civil Procedure of California, to be known as section twelve hundred and seven, to read as follows:

creditor

statement

1207. The debtor or creditor intending to dispute a claim Debtor or presented under the provisions of the last section shall, shall file within ten days after receiving notice of such claim, serve upon the claimant and the officer executing the writ a statement, in writing, verified by the oath of the debtor, or the person disputing such claim, setting forth that no part of said claim, or not exceeding a sum specified, is justly due from the debtor to the claimant for services rendered within the sixty days next preceding the levy of the writ. If the claimant bring suit on a claim which is disputed in part only and fail to recover a sum exceeding that which was admitted to be due, he shall not recover costs, but costs shall be adjudged against him.

SEC. 2. This Act shall take effect immediately.

CHAPTER XXVI.

An Act to pay the claim of James Saultry.

[Approved March 7, 1883.]

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

SECTION 1.

The sum of two hundred and two dollars and twenty-five cents, being an amount due him from a deficiency

James
Saultry

in the appropriation for the contingent expenses of the Senate deficiency. for the session of eighteen hundred and seventy-seven-eight, is hereby appropriated to James Saultry out of any moneys in the treasury not otherwise appropriated; and the Controller is authorized to draw his warrant on the Treasurer for the amount, and the Treasurer is hereby directed to pay the

same.

SEC. 2. This Act shall take effect and be in force from and after its passage.

Wharf

claim to be

paid.

CHAPTER XXVII.

An Act to authorize and empower the State Board of Harbor
Commissioners to adjust and pay the claim of Daniel McNeil.
[Approved March 7, 1883.]

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

SECTION 1. The State Board of Harbor Commissioners adjusted and are hereby authorized and empowered to adjust and pay out of any money in the Harbor Improvement Fund, such amount as Daniel McNeil may be by them found to be equitably entitled to, for the destruction of his wharf, on the northwest corner of Bay and Kearny Streets, provided the amount does not exceed the sum of four thousand three hundred and fifty dollars ($4,350).

SEC. 2. This Act shall take effect from and after its passage.

Board of

Harbor Com

CHAPTER XXVIII.

An Act to amend sections two thousand five hundred and twenty, two thousand five hundred and twenty-one, two thousand five hundred and twenty-two, two thousand five hundred and twentyeight, two thousand five hundred and thirty, two thousand five hundred and forty-five, and two thousand five hundred and fifty-two of the Political Code, and to repeal section two thousand five hundred and thirty-four of said Code, all of said sections relating to the Board of State Harbor Commissioners, their powers and duties.

[Approved March 7, 1883.]

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

SECTION 1. Section two thousand five hundred and twenty of the Political Code is amended to read as follows:

2520. A Board of State Harbor Commissioners, to consist missioners of three persons, is hereby constituted, with such powers and constituted. duties as are prescribed by law. On the passage of this Act, the Governor must nominate, and by and with the consent

office.

of the Senate, appoint one of said Commissioners to hold office for two years, one for three years, and one for four years from the dates of their respective commissions, and until their successors are qualified. The said officers must thereafter be nominated by the Governor, and by and with the consent of the Senate, be appointed for four years from the dates of their respective commissions, and until their successors are qualified. If the term of office of any Commis- Term of sioner expire during the recess of the Senate, the Governor must grant a commission to his successor, which shall be valid to all intents and purposes, subject, however, to the consent of the Senate at its next regular session. If a vacancy occur from any cause in the office of a Commissioner before the expiration of his term, his successor must be appointed and hold office only for the unexpired portion of such term. In case the Senate, during its session, fail to act on or refuse its consent to any nomination the Governor may make of persons to constitute the Board herein first provided for, or to fill a vacancy occurring thereafter by expiration of the term or otherwise, he must, after the adjournment of the Senate, grant a commission for the terms herein provided for, or for the unexpired portion of such term, as the case may be, subject, however, to the consent of the Senate at its next regular session; provided, that upon the passage of this Act, the Governor shall nominate three persons to fill such offices for the first term and submit them to the Senate at least one day before its final adjournment. The Commissioner first appointed for four years, and there- President of after his successors, shall be the President and executive officer of the Board. It shall be his duty to preside at its meetings, to supervise the official conduct of all its officers and employés, especially in the collection, custody, and disbursement of the revenues, and to require that all the books, papers, and accounts be accurately kept and in proper form, and all the provisions of law and the regulations of the Board be enforced and observed. He may administer official oaths to the officers and employés of the Board, except the other Commissioners, and to all other persons in relation to the business of the Board.

SEC. 2. Section two thousand five hundred and twentyone of the same Code is amended to read as follows:

the Board.

2521. The President of the Board must give an official bond Bonds in the sum of fifty thousand dollars, and each of the other Commissioners in the sum of fifty thousand dollars, which must be approved by the Governor and State Treasurer by written indorsement thereon, and within fifteen days after the date of their respective commissions must be filed and recorded in the office of the Secretary of State, together with the official oath prescribed by law. The Commissioners shall not be sureties for one another, nor shall any officer of the State, nor any officer or member of the Legislature, be accepted as surety on said bonds. As soon as the Commissioners first appointed under this Act have qualified, the offices of the present Commissioners shall be and are hereby declared to be vacant. The Board, on entering on the duties of their

Employés. office, must appoint the following officers, viz.: A Secretary, an Assistant Secretary, an Attorney, a Chief Engineer, a Chief Wharfinger, and such number of Wharfingers and Collectors as they deem necessary. Such officers shall hold for a term of four years from the dates of their respective appointments, but may be removed by the Board at any time, after due investigation, for causes affecting their official character or competency. The order for such removal, stating distinctly the causes therefor, must be entered on their minutes. In case of a vacancy in such offices by the expiration of a term, or for any other cause, the Board must fill the same by an appointment for four years.

Duties of

Secretary.

Assistant

Secretary.

SEC. 3. Section two thousand five hundred and twentytwo of the same Code is amended to read as follows:

2522. The Secretary must keep the office of the Board open every day, legal holidays excepted, from nine o'clock A. M. till four o'clock P. M. He shall safely keep and be responsible for all moneys paid into the office, and for all the books and papers of the Board, attend their meetings and keep a perfect record of their proceedings, with the names of the Commissioners present thereat. He must keep in proper books an account of all moneys received and paid, and on or before the fifth day of each month must send to the State Controller a statement thereof, under oath, for the preceding month, showing the sources from which such moneys were received, and the purposes for which they were paid, and must also report to the Controller the amount paid to the State Treasurer for the month covered by such statement. He must enter daily, in proper wharf books, the returns made by the Wharfingers and Collectors, and, on the last day of each month, settle the accounts of each of them, and balance the said books as soon as possible thereafter. When money is received from any source he must retain a stub corresponding in number, date, and amount with the receipt. given therefor, and he must require the person paying it to sign said stub. He must record at length all contracts and agreements made by the Board, and keep a record of all personal property purchased, and its cost; and in case any be sold, the name of the purchaser, date of sale, and the price received therefor. Before entering on the duties of his office he must give an official bond in the sum of twenty thousand dollars, and take and subscribe an official oath. Said bond must be approved by the Board by written indorsement thereon, and be filed with such oath in the office of the Secretary of State. The Assistant Secretary shall attend at the office during office hours, and must perform such service as may be required of him by the Secretary or the Board. Before entering on the duties of his office he must give an official bond in the sum of ten thousand dollars, and take and subscribe an official oath. Said bond must be approved by the Board by written indorsement thereon, and be filed with such oath in the office of the Secretary of State. The Attorney shall attend to the prosecution and defense of all suits, and render such legal services as may be required of him by the Board. The Chief Engineer must prepare such

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