municipal taxes. [Amended March 2, 1899. p. 43.]

Stats. 1899,

Sec. 6. Whenever any railroad track or tracks of any description exists upon any street or streets on which the city council has ordered work to be done or improvements made, excepting therefrom such portions as is [are] required by law to be kept in order or repair, by any person or company having railroad tracks thereon, the said council may, at any time thereafter, order such person or company to perform upon said excepted portion the work or improvements, similar in all respects to that already ordered to be performed under the same specifications and superintendence, with the same materials, within the same time, and to the like satisfaction and acceptance. Thereupon it shall be the duty of the clerk of said council to deliver immediately a copy of such order, certifed by him, to such person or company, and to make and preserve in his office a certificate of such delivery, its date, and upon whom made. Should such person or company, for thirty days, or within such extension of time as the city council may grant, thereafter refuse or neglect to make or have made such work or improvement in the manner or time ordered, it shall be the duty of the city council to have such work or improvement performed, and such refusal or neglect punished in the manner provided by law. Within fifteen days after receiving the certified copy of said order, such person or company nay file with the clerk of said council a written assumpion of the performance of said work or improvement, according to the order, or a request to the council to have such work or improvement performed, for and at the expense of such person or company, in the manner herein rovided. The failure to file such instrument within said ime shall be taken and deemed to be a refusal to comply with the order. Upon reception of said assumption of the irect performance of said work or improvement, the city ouncil shall take no further proceedings in the matter, nless such person or company neglects or fails for thiry days, or such further time as the council may grant, O comply with the provisions of the order. But if such erson or company files the said request that the said ouncil have such work or improvement performed, or ils to perform said work within thirty days, or within

such further time as the council may grant, then said city council may pass an ordinance of intention to perform said work, which ordinance shall specify the work to be performed, and a statement that unless within thirty days after the recording of the return of the warrant, or within five days after the final decision of the council on an appeal, the said person or company shall pay the cost of said work, or the street superintendent of said city shall issue bonds to represent the cost of said work, stating also that the cost of said work, in case bonds shall issue, shall be paid in ten yearly installments, and also the rate of interest (not to exceed ten per cent per annum) that the same shall bear. The subsequent procedure shall be as provided by the "Street-work Act." A similar statement shall also be incorporated in all notices required to be posted or published by the provisions of the "Streetwork Act"; also in the ordinance or resolution ordering the work, advertisement for proposals, and in the contract. Whenever the person or company owning any such railroad shall not have, within thirty days after the recording of the return of the warrant, or within five days after the final decision of the council on an appeal, paid the cost of such work, the street superintendent shall issue to the contractor, or his assigns, bonds for the amount of such cost, which shall describe the franchise, tracks, and roadbed along or between which said work has been performed, and describing the same as upon the assessment and disgram, giving its assessment number. Such bonds shall also describe the work performed, giving the total amount of the cost of such work, the name of the owner of said railroad, the number of installments in which the cost of the work is to be paid, and the rate of interest which the deferred payments shall bear. Said bonds shall be in sums of not less than one hundred dollars or more than one thousand dollars, and shall recite that the total amount of the cost of such work, together with the interest there on, as represented in said bonds, is, except state, county, and municipal taxes, a first lien upon all the track, roadbed, switches, and franchises of said railroad lying with:a the corporate limits of the city or town, on any part of which said work has been performed. Said street superintendent shall also keep a record of such bonds, as required by section eighteen of the "Street-work Act"

Whenever bonds have been issued, as herein provided, the same, together with the cost of such work and the interest thereon, shall be, except state, county, or municipal taxes, e first lien upon all the tracks, road-bed, switches, and franchises of said railroad within the corporate limits of the city or town, on any part of which said work has been performed. Sections four and five of this act, regarding the form, issuance, and foreclosure of street bonds, and the sale of property described therein, shall apply hereto, except that the work required to be performed by the treasurer by said sections shall be performed by the street superintendent, in so far as the bonds for the paving of railroads are concerned. None of the provisions of the "Street-work Act" in regard to a protest against the work shall apply to any work contemplated by this section. All provisions of the "Street-work Act" not inconsistent with the provisions hereof shall apply hereto.

Sec. 7. The term "city treasurer," as used in this act, shall be held to mean and include any person who, under whatever name or title, is the custodian of the funds of the municipality.

Sec. 8. The act entitled "An act to amend an act entitled 'An act to provide for work upon streets, lanes, alleys, courts, places, and sidewalks, and for construction of sewers within municipalities,' approved March eighteenth, eighteen hundred and eighty-five, by adding thereto an additional part, numbered four, consisting of sections thirty-eight, thirty-nine, forty, forty-one, forty-two, fortythree, and forty-four, relative to a system of street improvement bonds," approved March seventeenth, eighteen hundred and ninety-one, is hereby repealed, except as to any and all proceedings hitherto commenced thereunder, which proceedings may be completed and have full force as is therein provided.

Sec. 9. This act shall take effect and become of force from and after its passage.

ACT 3933.

An act fixing and regulating the manner of sale and redemption of real property for delinquent assessments to pay the damages, costs, and expense for or incident to laying out, opening, extending, widening, straightening, diverging, curving, contracting, or closing up,

in whole or in any part, any street, square, lane, alley, court, or place within municipalities in this state. [Approved March 27, 1895. Stats. 1895, p. 204.] The people of the state of California, represented in senate and assembly, do enact as follows:

Section 1. All sales, and redemptions after sale, of any real property upon which the assessment levied and assessed to pay the damages, costs, and expense for or incident to laying out, opening, extending, widening. straightening, diverging, curving, constructing, or closing up, in whole or in part, any street, square, lane, alley. court, or place within municipalities in this state, shall remain unpaid and become delinquent under the provisions of any act or law regulating such matters, shall be made and had in the same time and manner as such sales and redemption were required by law to be made and had on the first day of January, Anno Domini eighteen hundred and ninety-five.

Sec. 2. All acts or parts of acts in conflict with this act are hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its passage and approval.

Authorizing and empowering board of trustees to grade and improve streets. [Stats. 1871-2, p. 658.] "Superseded by 1885, 147, chap. CLIII; and by the incorporation of the city under Municipal Government Act of 1883."-Code Commissioners' note.

Concerning service of summons upon absent defendants. [Stats. 1871-2, p. 392.]

To prohibit barbarous and noisy amusements on the Christian Sabbath. [Stats. 1855, p. 50.]

Superseded by secs. 299-301, Pen. Code, which have been re

pealed.

ACT 3949.

To provide for the better observance of the Sabbath. [Stats. 1858, p. 124.]

This act was declared vold in Ex parte Newman, 9 Cal. 502.

ACT 3950.

For the observance of the Sabbath.

[Stats. 1861, p. 655.]

Superseded by Penal Code, sec. 299 et seq., which have been

repealed.

ACT 3951.

To regulate and provide for a day of rest in certain cases. [Stats. 1880, p. 80.]

Unconstitutional.

(Ex parte Westerfield, 55 Cal. 550.)

This act forbade baking between six p. m. Saturday and six p. m. Sunday. It is in full in Penal Code, Appendix, p. 722.

ACT 3952.

To provide for a day of rest from labor. [Stats. 1893, p. 54.] In full in Penal Code, Appendix, p. 722. It provided that every employee should be entitled to one day's rest in seven.

To enable boards of supervisors to authorize the employment of deputies in certain cases. [Stats. 1880, p. 27.] Repealed by the County Government Acts, see 1897, 452.

ACT 3958.

To enable boards of supervisors and other legislative bodies to perform the duties prescribed by section 1, article XIV, of the constitution. [Stats. 1881, p. 54.] Unconstitutional in part. (Fitch v. Supervisors, 122 Cal. 285.) This act related to the fixing of water rates.

ACT 3959.

Authorizing boards of supervisors to pay expenses of posse comitatus in criminal cases. [Stats. 1880, p. 102.]

In full in Appendix to Penal Code, p. 723.

ACT 3960.

To confer power upon supervisors to complete sewers. [Stats. 1881, p. 76.]

Superseded by County Government Act and the charter of San

Francisco.

Cal. Rep.Cit. 98, 683.