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word "board" is hereby declared to include the board of supervisors of any county, or city and county.

"Superintendent of streets." "County surveyor."

§ 26. The words "superintendent of streets," "street superintendent" or "city engineer" used herein, shall be used in the application and construction of this act only when the resolution of intention and the proceedings are under the jurisdiction of the council of the municipality, and this act shall then be read and construed as if the words "or county surveyor," were not incorporated herein, and when the resolution of intention and the proceedings are under the jurisdiction of the board of supervisors, the county surveyor shall perform all of the acts and duties herein required of the superintendent of streets and city engineer, and this act shall be read and construed, when said proceedings are under the jurisdiction of the board of supervisors, as if the said words "street superintendent," "superintendent of streets" and "city engineer" were not incorporated herein, and the words "county surveyor" only were used.

"Work." "Improved."

§ 27. The words "work," "improved" and "improvement," as used in this act shall include all work mentioned in this act, and also the construction, reconstruction and repairs of all or any portion of said work. "Municipality."

§ 28. The word "municipality," 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.

"Paved."

§ 29. The words "paved" or "repaved," as used in this act, shall be held to mean and include pavement of stone, whether paving blocks or macadamizing, or of bituminous rock or asphalt, or of iron, wood or other material, whether patented or not, which the council or board shall by ordinance adopt.

"Street." "Blocks."

§ 30. The word "street," as used in this act, shall be deemed to, and is hereby declared to, include avenues, highways, lanes, alleys, crossings, or intersections, courts and places, and the term "main street" means such actually opened street or streets as hound a block; and the word "blocks" whether regular or irregular, shall mean such blocks as are bounded by main streets, or partially by a boundary line of the municipality.

"Street superintendent."

§ 31. The terms "street superintendent" and "superintendent of streets," as used in this act, shall be understood and so construed as to

include, and are 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 municipality. In all those municipalities where there is not a street superintendent or superintendent of streets the 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 provisions hereof applicable to the street superintendent, or superintendent of streets shall apply to such person so appointed.

"Clerk."

§ 32. The term "clerk" as used in this act, is hereby declared to include any person or officer who shall be clerk of the said council, or board.

"Quarter block."

§ 33. The term "quarter block" as used in this act as to irregular blocks, shall be deemed to include all lots or portions of lots having any frontage on either intersecting street halfway from such intersection to the next main street or, when no main street intervenes within six hundred feet of such intersection, only those lots or portions of lots or lands within a distance of three hundred feet therefrom shall be considered as being within the quarter block.

"One year."

§ 34. The term "one year," as used in this act, shall be deemed to include the time beginning with January first and ending with the thirtyfirst day of December of the same year.

§ 35. That said act shall take effect and be in force immediately upon its passage.

ACT 3937b.

An act to provide for the disposition of lands abandoned or closed up as public streets, authorizing the execution of deeds therefor by officers of municipalities and providing for the acceptancce of deeds for new streets opened in lieu of such abandoned streets.

[Approved May 1, 1911. Stats. 1911, p. 1346.]

City may convey interest in closed street.

§ 1. Whenever any city or city and county shall deem it advisable to close and abandon any street or portion thereof in said city or city and county, and open a new street or streets in lieu of those so closed or abandoned, and pursuant thereto the council, board of supervisors or other governing body of the municipality shall have taken proceedings under any general law of this state or pursuant to the provisions of the charter of any such city or city and county and closed up or abandoned such street or streets or portions thereof, the council, board of super

visors or other governing body of the municipality in which such street or portion of such street is located, shall have the power by ordinance or resolution (unless otherwise in the charter of such municipality provided) to convey by deed its interest in such street or portions of street so abandoned or closed, to the owners of the lands adjacent thereto or fronting on such street in such manner as said council, board of supervisors or other governing body shall deem that equity requires.

Compensation.

§ 2. Such resolution or ordinance shall provide for the execution of any such deed or deeds in the name of such municipality by at least two officials of the municipality, and said council or other governing body may in its discretion impose any reasonable conditions, or demand compensation by exchange of lands, or otherwise, before conveying land, the fee of which has reverted to such municipality.

Deeds not to be delivered until city has new street.

§ 3. The deeds provided for in the preceding section shall not in any case be delivered to the grantees therein named until good and sufficient conveyances shall have been delivered to such municipality vesting in such municipality the title to such new street or streets so opened in lieu of such streets so closed or abandoned.

§ 4. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

TITLE 499a.
SUBWAYS.

ACT 3937c.

An act concerning tunnels, tubes and subways under navigable streams and bodies of water in the state of California. [Approved March 23, 1911.

Stats. 1911, p. 474.] Construction of tunnels under navigable streams.

§ 1. Whenever, in the judgment of the board of supervisors of any county, it shall be deemed advisable in the interests of commerce, or for the benefit of the residents of said county, or for the purpose of expediting travel between points on opposite sides of any navigable stream or body of water, to build and construct tubes, tunnels or subways under such navigable streams or bodies of water for the public use, at such point or place under said navigable stream or body of water as shall be determined upon by the said board of supervisors, the said board of supervisors must call an election and submit to the electors of said county the question whether bonds of said county shall be issued and sold for the purpose of building and constructing said tube, tunnel or subway. The order calling such election shall be valid and effectual when signed by two-thirds of said board of supervisors, and said election shall be held

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and said bonds issued, in accordance with the terms and provisions of title II, part IV, of the Political Code of the state of California. Expenses of ascertaining cost of tunnel.

§ 2. The board of supervisors of any county in this state may, for the purpose of ascertaining the probable cost of any proposed tube, tunnel or subway, expend out of the general fund of said county not othernot exceeding thirty-five hundred dollars; wise appropriated, a sum provided, that when any such proposed tube, tunnel or subway shall reach partly in one county and partly in another, said counties shall equally divide the expenditure necessary to ascertain the probable cost of any such proposed tube, tunnel or subway, not exceeding in the aggregate the sum of thirty-five hundred dollars.

Division of cost between counties joined by tunnel.

§ 3. Whenever any such tube, tunnel or subway is proposed to be built or constructed under navigable streams or waterways forming the dividing line between counties, the boards of supervisors of each of the counties into which any of such tubes, tunnels or subways will reach shall first agree as to what portions of the cost of such tubes, tunnels or subways shall be paid by each of said counties, and thereafter the boards of supervisors of each of such counties shall have power to take such proceedings as they may deem proper under section 1 of this act; provided, however, that no such tube, tunnel or subway shall be built or constructed under navigable streams or waterways forming the dividing line between counties, unless all the counties into which such tubes, tunnels or subways reach shall first authorize that such work be done and bonds therefor issued in the manner provided in section 1 of this act. When tunnel reaches within limits of city.

§ 4. Whenever any such tube, tunnel or subway, or any part thereof, shall reach within the limits of any incorporated town, or city, or city and county, and the governing body of each of such incorporated towns, or cities, or cities and counties, and the board of supervisors of the county in which such incorporated towns, or cities, are situated shall first so agree, the board of supervisors shall have the power to call an election and submit to the electors of said county the question whether bonds of said county shall be issued and sold for the purpose of building and constructing such tube, tunnel or subway in the manner prescribed in section 1 of this act; provided, however, that in the event of such bonds being authorized and sold, the construction of such tubes, tunnels or subways shall be under the direction and control of a commission which is hereby created, consisting of the chairman of said board of supervisors and the mayor of each of such incorporated towns, cities, or cities and counties, within the limits of which such tube, tunnel or subway, or any part thereof, shall reach.

§ 5. This act shall take effect immediately.

ACT 4018.

TITLE 512.

SUTTER'S FORT.

An act authorizing the board of Sutter's Fort trustees to appoint a gardener for the purpose of caring for the grounds around Sutter's Fort, and providing for the compensation of said gardener.

[Approved March 21, 1907. Stats. 1907, p. 776.]

Amended 1911, page 1148, as follows:

Salary of Sutter's Fort gardener.

§ 2. The gardener provided for in section 1 of this act shall receive an annual salary of one thousand two hundred dollars, to be paid at the same time and in the same manner as other state officers. [Amendment approved April 27, 1911; Stats. 1911, p. 1148.]

ACT 4035.

TITLE 514.
TAXATION.

An act to establish a tax on gifts, legacies, inheritances, bequests, devises, successions and transfers, to provide for its collection, and to direct the disposition of its proceeds; to provide for the enforcement of liens created by this act and for suits to quiet title against claims of lien arising hereunder; to repeal an act entitled "An act to establish a tax on collateral inheritances, bequests, and devises, to provide for the collection, and to direct the disposition of its proceeds," approved March 23, 1893, and all amendments thereto, and all acts and parts of acts in conflict with this act. [Approved March 20, 1905. Stats. 1905, p. 341.]

Repealed 1911, p. 713.

See post, Act 4035a.

Citations. Cal. 157/518, 519, 520, 521, 526, 551; 158/51, 52, 53. App. 8/132, 133, 134; 12/28.

ACT 4035a.

An act to establish a tax on gifts, legacies, inheritances, bequests, devises, successions and transfers, to provide for its collection, and to direct the disposition of its proceeds; to provide for the enforcement of liens created by this act and for suits to quiet title against claims of lien arising hereunder; to repeal an act entitled "An act to establish a tax on gifts, legacies, inheritances, bequests, devises, successions and transfers, to provide for its collection, and to direct the disposition of its proceeds; to provide for the enforcement of liens created by this act and for suits to quiet title against claims of lien arising hereunder; to repeal an act entitled 'An act to establish a tax on collateral inheritances, bequests, and devises, to provide for the collection, and to direct the disposition of its proceeds,' approved

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