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docket; such report to be made upon blanks furnished by the city council, and in such form as they may require.
Transcript of dockets.
SEC. 14. Certified transcripts of the dockets, made by the clerk of the said court, under the seal of said court, shall be evidence in any court of this state of the contents of said docket, and all warrants and other process issued out said court, and all acts done by said court, and certified under its seal, shall have the same force and validity in any part of this state as though issued or done by any court of record of this state.
Act takes effect.
SEC. 15. This act to go into effect upon the expiration of the term of office of the present police judge of said cities, or when a vacancy occurs therein.
4425. Police court clerk.
SEC. 4425. The police judge may appoint a clerk, with such compensation, by way of salary or fees, as the common council may by ordinance provide.
4426. Criminal jurisdiction.
SEC. 4426. The police court has exclusive jurisdiction of the following public offenses committed within the city boundaries:
1. Petit larceny;
2. Assault and battery, not charged to have been committed upon a public officer in the discharge of his official duty, or with intent to kill;
3. Breaches of the peace, riots, affrays, committing willful injury to property, and all misdemeanors punishable by fine not exceeding five hundred dollars or by imprisonment not exceeding six months, or by both such fine and imprisonment; and,
4. Of proceedings respecting vagrants, lewd, or disorderly persons.
Stats. 1865-6, p. 192, sec. 3.
The act of February 13, 1872, amendatory of the act of 1864, prescribing the jurisdiction of
the police court of San Francisco, was not re-
4427. General and exclusive jurisdiction.
SEC. 4427. The police court also has exclusive jurisdiction:
1. Of all proceedings for the violation of any ordinance of the city, both civil and criminal;
2. Of any action for the collection of taxes and assessments levied for city purposes; or for the erection or improvement of any school-house or public buildings; for the laying out or opening or improving any public street or sidewalk, lane, alley, bridge, wharf, pier, or dock; or for the purchase of or the improvement of any public grounds; or for any and all public improvements made and ordered by the city within its limits, when the amount of the tax or assessments sought to be collected against the person assessed is less than three hundred dollars; but no lien upon the property taxed or assessed for the nonpayment of the taxes or assessment can be foreclosed in any such action;
3. Of an action for the collection of money due to the city, or from the city to any person, when the amount sought to be collected, exclusive of interest
and costs, is less than three hundred dollars;
4. For the breach of any official bond given by any city officer, and for the breach of any contract, and any action for damages in which the city is a party or is in any way interested; and all forfeited recognizances given to or for the benefit or in behalf of the city; and upon all bonds given upon any appeal taken from the judgment of the court in any action above named where the
amount claimed, exclusive of costs, is less than three hundred dollars;
5. For the recovery of personal property belonging to the city, when the value of the property (exclusive of the damages for the taking or detention) is
less than three hundred dollars;
6. Of an action for the collection of any license required by any ordinance of the city.
Stats. 1865-6, p. 193, sec. 4.
Police courts are courts of inferior jurisdiction: See Ex parte Kearney, 55 Cal. 212.
Violation of city ordinance: See Ex parte Bernert, 7 Pac. C. L. J. 460, for punishment
under the pool-license ordinance of San Francisco. There the petitioner was released because the court gave him a less punishment than authorized by law.
4428. When justice of the peace to act as police judge.
SEC. 4428. In all cases in which the judge is a party, cr in which he is interested, or when he is related to either party by consanguinity or affinity within the third degree, and in case of his sickness or inability, the police judge may call in a justice of the peace residing in the city to act in his place and stead.
SEO. 4429. Police courts are always open for the transaction of business, except on non-judicial days.
Stats. 1865-6, p. 1195, sec. 11.
4430. Form of proceedings.
SEC. 4430. Proceedings in the police court in criminal actions for offenses not triable in such courts must be had in conformity with the provisions of Part II., Title III., Chapter VII., of the Penal Code.
See Pen. Code, sec. 858.
4431. Trials in police courts.
SEC. 4431. Proceedings in the police courts in criminal actions triable in such courts are regulated in Part II., Title XI., Chapter I., of the Penal Code. See Pen. Code, sec. 1426.
4432. Civil practice in police courts.
SEC. 4432. Proceedings in the police courts in civil actions are regulated by Part II., Title XII., of the Code of Civil Procedure.
See Civ. Code, sec. 929.
"It was thought best to make no provision for the incorporation of towns other than
herein provided. No town or city of less than two thousand inhabitants really needs corporate powers: " Commissioners' note.
CERTAIN STATUTES RELATING TO CITIES AND TOWNS AND EXISTING COR
4442. Certain statutes continued in force.
SEC. 4442. Nothing in this code affects any of the provisions of "An act to authorize and direct the municipal authorities of the several cities and incorporated towns of this state to execute certain trusts in relation to the town lands granted to the incorporated cities and towns in this state by the act of congress entitled 'An act for the relief of the inhabitants of cities and towns upon the public lands, approved March second, eighteen hundred and sixty-seven,' approved March twenty-fourth, eighteen hundred and sixty-eight;" or of "An act to authorize and direct the county judges of the several counties of this state to execute certain trusts in relation to the town lands granted to the unincorporated towns in this state by the act of congress entitled 'An act for the relief of the inhabitants of cities and towns upon the public lands. approved March
second, eighteen hundred and sixty-seven,' approved March thirtieth, eighteen hundred and sixty-eight;" but such acts are continued in force.
An Act to authorize and direct the municipal authorities of the several cities and incorporated towns of this state to execute certain trusts in relation to the town lands granted to the incorporated cities and towns in this state, by the act of congress entitled 'An act for the relief of the inhabi tants of cities and towns upon the public lands,' approved March second, eighteen hundred and sixty-seven.
[Approved March 24, 1868; 1867-8, 487.]
Board of trustees to enter land in United States land-office.
SECTION 1. It shall be the duty of the board of trustees, or other corporate authorities, of auy city or incorporated town in this state, to enter at the proper land-office of the United States such quantity of land as the inhabitants of any incorporated city or town may be entitled to claim, in the aggregate, according to their population, in the manner required by the laws of the United States and the regulations prescribed by the secretary of the interior of the United States, and by order entered upon their minutes of proceedings, at a regular meeting, to authorize the presiding officer and clerk of such board or other corporate authority, attested by the seal of such corporation, to make and sign all necessary declaratory statements, certificates, and affidavits, or other instruments requisite to carry into effect the intentions of this act and the intentions of the act of congress of the United States entitled "An act for the relief of the inhabitants of cities and towns upon the public lands," approved March second, eighteen hundred and sixtyseven, and to make proof, when required, of the facts necessary to establish the claim of such inhabitants to the lands so granted by said act of congress.
Filing approved plat.
SEC. 2. The corporate authorities of every city and incorporated town, situated upon the pub lic lands of this state, shall within three months after date of receipt at the United States district land-office of the approved plat of the township, embracing the lands upon which the town or city is situated, file in said land-office an application in writing, describing the tract of land thus occupied, and thereafter make proof and payment for the tract in the manner required by law. [Amendment, approved March 4, 1872; 1871–2, 237; took effect from passage.]
SEC. 3. The said corporate authorities shall, after the filing of their application, if not previously done, cause a survey to be made by some competent person, of the lands which the inhab itants of said city or town may be entitled to claim under the said act of congress, located according to the legal subdivisions of the sections and by the section lines of the United States, and the same shall be distinctly marked by suitable monuments; such survey shall further par ticularly designate all streets, roads, lanes, and alleys, public squares, churches, school lots, cemeteries, and commons, as the same exist and have been heretofore dedicated in any manner to public use, and by measurement the precise boundaries and area of each and every lot or parcel of land and premises claimed by any person, corporation, or association within said city or town site shall be designated on the map, showing the name or names of the possessor, or occupants and claimants if other than the occupant of each particular lot and parcel of land; and in case of any disputed claim as to lots, lands, premises, or boundaries, the said surveyor, if the same be demanded by any person, shall designate the lines in different color irom the body of the plat of such part of any premises so disputed or claimed adversely. A plat thereof shall be made in duplicate, on a scale of not less than eighty feet to one inch, which shall be duly certi fied under oath by the surveyor, one of which shall be filed with the county recorder of the county wherein the town is situated, and one shall be deposited with the city or town clerk. These plats shall be considered public records, and shall each be accompanied with a copy of the field-notes, and the county recorder shall make a record thereof in a book to be kept by him for that purpose. The said surveyor shall number the blocks as divided by the roads and streets opened at the time of making such survey, and shall number the several lots consecutively in each block, and all other parcels of land within said town or city surveyed as herein provided, which said numbers shall be a sufficient description of any parcel of land in said plats, fieldnotes, and records, and certified copies thereof shall be prima facie evidence of the contents and correctness thereof in all the courts of this state. [Amendment, approved March 4, 1872; 1871-2, 237; took effect from passage.]
Notice of survey.
SEC. 4. Before proceeding to make such survey, at least ten days' notice thereof shall be given, by posting within the limits of such town site not less than five written or printed notices of the time when such survey shall commence, and by publication thereof in any newspaper of newspapers published in the city or town, if one there be. The survey of said town lands shall and the said corporate authorities are hereby authorized to receive bids for such surveying, and
to let the same by contract to the lowest competent bidder.
SEC. 5. All streets, roads, lanes, and alleys, public squares, cemeteries, and commons, sur
icated to public use by the filing of such town plat in the office of the county recorder, shall provisions of this act, shall be deemed and considered, and they are hereby declared to be dedbecome the property of such town or city, and shall be subject to the control of the board of
trustees or other municipal authority of such town or city.
Assessment to pay expenses.
SEC. 6. Each lot or parcel of said lands having thereon valuable improvements or buildings ordinarily used as dwellings or for business purposes, not exceeding one tenth of one acre in area, shall be rated and assessed by the said corporate authorities at the sum of one dollar; each lot or parcel of such lands exceeding one tenth and not exceeding one eighth of one acre in area shall be rated and assessed at the sum of one dollar and fifty cents; each lot or parcel of such lands exceeding in area one eighth of one acre and not exceeding one quarter of an acre in area shall be rated and assessed at the sum of two dollars; and each lot or parcel of such lands exceeding one quarter of an acre and not exceeding one half of one acre in area shall be rated and assessed at the sum of two dollars and one half; and each lot or parcel of land so improved, exceeding one half acre in area, shall be assessed at the rate of two dollars and one half for each half an acre or fractional part over half an acre; and every lot or parcel of land inclosed which may not be otherwise improved, or uninclosed, claimed by any person, corporation, or association, shall be rated and assessed at the rate of two dollars per acre or fractional part over an acre; and where upon one parcel of land there shall be two or more separate buildings occupied or used ordinarily as dwellings or for business purposes, each such building, for the purposes of this section, shall be considered as standing on a separate lot of land; but the whole of such premises may be conveyed in one deed; which moneys so assessed shall be paid in gold and silver coin of the United States, and shall be received by the clerk and be paid by him into the city or town treasury.
Claims for lands.
SEC. 7. Every person, company, corporation, or association, claimant of any town lot or parcel of land within the limits of such town site, shall present to the corporate authorities, by filing the same with the clerk thereof, within six months after the plat shall have been filed in the office of the county recorder, his, her, or their affidavit, verified in person or by duly authorized agent or attorney, in which shall be concisely stated the facts constituting the possession or right of possession of the claimant, and that the claimant is entitled to the possession thereof as against all other persons, to the best of his knowledge and belief, to which shall be attached a copy of so much of the plat of said town site as will fully exhibit the particular lot or parcel of land so claimed, with the abbutals; and every such claimant, at the time of filing such affidavit, shall pay to such clerks such sum of money as said clerk shall thereon certify to be due for the assessment mentioned in section six of this act, together with the further sum of five dollars, in gold or silver coin of the United States, to be appropriated to the payment of the expenses incurred in carrying out the provisions of this act; and the said clerks shall thereupon give to such claimant a certificate, attested by the corporate seal, containing a description of the lot or parcel of land claimed, and setting forth the amounts paid thereon by such claimant. The corporate authorities of every such city or town shall procure a bound book for each, wherein the said clerk shall make proper entries of the substantial matters contained in every such certifi cate issued by him, numbering the same in consecutive order, setting forth the name of claimant or claimants in full, date of issue, and description of lot or lots claimed.
SEC. 8. If it shall be found that the amounts herein before specified as assessments and fees for cost and expenses shall prove to be insufficient to cover and defray all the necessary expenses, the corporate authorities of every such city and town shall be and they are hereby authorized and empowered to estimate the deficiency and to assess such deficiency pro rata upon all the lots and parcels of land in such town and to declare the same upon the basis set down in section six of this act; which additional amount, if any, may be paid by the claimant at the time when the certificate herein before mentioned, or at the time when the deed of conveyance hereinafter provided for, shall be issued.
Deeds to be given after six months—Adverse claims.
SEC. 9. At the expiration of six months after the issuance of the certificate mentioned in the preceding section, if there shall have been no adverse claim filed in the mean time, the said board of trustees or other corporate authority shall execute and deliver to such claimant, or to his, her, or their heirs, administrators, or assigns, a good and sufficient deed of the premises described in the application of the claimant originally filed, which said deed shall be signed and acknowledged by the president or other presiding officer of the municipal board of officers, and clerk, and shall be attested by the corporate seal of such city or town. No conveyance of any such lands made as in this act provided shall be deemed to conclude the rights of third persons; but such third persons may have their action in the premises, to determine alleged interest in such lands against such grantee, his heirs or assigns, to which they may deem themselves entitled either in law or equity; provided, that no action for the recovery of the possession of such premises or any portion thereof shall be maintained in any court against the grantee named therein, or against his, her, or their assigns, unless such action shall be commenced within two years after such deed shall have been filed for record in the office of the county recorder of the county where such lands are situate; and provided, that nothing herein shall be construed to extend the time of limitation prescribed by law for the commencement of actions upon a possessory claim or title to real estate, when such action is barred by law at the time of passage of this act; and provided further, that whenever mining claims shall have been located prior to the passage of this act, and where the same shall be prior in location to the claim of any occupant for other purposes, such mining rights, according to the metes and bounds so located and claimed, shall not in any manner be affected by the provisions of this act; nor shall any sale be made nor any title be conveyed by reason of any sale or pretended sale of such lands so claimed for mining purposes, until after the occupancy of such mining claims shall have been abandoned by the holders thereof.
Settlement of adverse claims.
SEC. 10. In all cases of adverse claims or disputes arising out of conflicting claims to lands or boundary lines, the adverse claimants may submit the decision thereof to the corporate authorities of such city or town by an agreement in writing specifying particularly the subjectmatter in dispute, and may agree that their decision shall be final. The municipal board shall hear the proofs, and shall order a deed to be executed in accordance with the facts; but in all other cases of adverse claim the party out of possession shall commence his action in a court of competent jurisdiction within six months after the filing of the town plat in the office of the county recorder. In case such action be commenced, the plaintiff shall serve a notice lis pendens upon the president of the municipal board, who shall thereupon stay all proceedings in the matter of granting any certificate or deed until the final decision of such suit; and upon presentation of a certified copy of the final decree of such court in such action, the said board shall execute and deliver a deed of such premises, in accordance with the decree. In case no such action be commenced within the time herein prescribed, the board shall deliver a deed to the party in possession, as provided in section nine of this act.
Notice of filing of plat.
SEC. II. The said board shall give public notice by advertisement for four weeks in any news. paper or newspapers published in the said city or town, if any there be-and if there be no newspaper published in said city or town, then by publication in some newspaper having the most general circulation in such city or town-and not less than five written or printed notices posted within the limits of such town site, that the plat thereof has been filed in the recorder's office. And if any person, company, association, or other claimant of lands in such town shall fail, neglect, or refuse to make application to the said board for a deed of conveyance to the lands so claimed, and to pay the sums of money specified in this act, within six months after the filing of said plat, the clerk of said board shall enter on his book the names of all such persons, with a description of the property or premises, and shall certify the same as delinquent for the amount of assessment certified to by such clerk as due under section six of this act; and at the expiration of thirty days after making such entries, if such application be not made and such assessment be not paid, the said board shall proceed to advertise all such lots and parcels of land for sale, in the same manner as real estate is required to be advertised under execution. Sale of delinquent lands.
SEC. 12. At the time of sale mentioned in said advertisement, the marshal of said city or town shall proceed to sell all such parcels of land so remaining delinquent by public auction, to the highest bidder for cash, at some public place within the limits of said town site; and he shall give the purchaser at such sale a certificate of his purchase, setting forth therein the description of the premises sold, the amount paid, and that the same is subject to redemption, as prescribed in the next section; provided, that no sale shall be made for less than the whole amount of assessments and the costs of making the sale, which costs shall be divided pro rata among the several parcels offered for sale.
SEC. 13. At any time within six months after such sale the original claimant shall be enti tled to redeem such premises, by paying to the purchaser, or to the clerk of the said board for the purchaser, double the whole amount of the purchase money, in gold and silver coin; but in case no redemption be made, the purchaser, his heirs or assigns, shall be entitled to demand and receive from said board a deed of such premises, which deed shall be absolute as against the parties delinquent, and shall entitle the grantee, his heirs or assigns, to a writ of assistance from the district court having jurisdiction of the premises.
SEC. 14. If there shall be any unoccupied or vacant unclaimed lands within the limits of such town site, the said board shall cause the same to be laid out and surveyed into suitable blocks and lots, and shall reserve such portions as may be deemed necessary for public squares and school-house lots, and shall cause all necessary roads, streets, lanes, and alleys to be laid out through the same and dedicated to public use; and the said board may sell the same in suitable parcels to possessors of adjoining lands, or to other citizens of said town, at a price not less than five dollars per acre or fraction of an acre, in gold coin; and in case two or more claimants apply for the same tract, or parcel of the same tract, they shall sell the same by auction to the highest bidder. And if any such lands remain unsold at the end of six months after the filing of the town plat, the board shall have power and authority to sell such vacant lands at public or private sale in such manner and on such terms as they may deem advisable for the best interests of the
town, and shall give deeds therefor to the several purchasers.
SEC. 15. All school lots and parcels of land reserved for school purposes shall be conveyed to
any kind whatever. False oaths.
act, he or she shall be deemed guilty of perjury, and upon conviction shall be punished accordSEC. 16. If any person shall falsely make oath to any affidavit required to be made by this
cener, or partner in the possession of any of the lands mentioned in this act, shall fraudulently SEC. 17. If any guardian or administrator, or tenant, joint tenant, tenant in common, coparprocure, or cause, permit, suffer, or allow any deed to be obtained therefor, for his or her sole benefit, or by his or her neglect allow the same to be done by others, such deed shall be null and