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void, and shall convey no title; and an action may be brought by any party injured or aggrieved thereby, or claiming any interest in such premises, for the recovery of such interest, at any time within five years after the discovery of such fraud.
SEC. 18. All moneys required to be paid by any person under this act shall be paid in gold and silver coin; except that for the payment of the price of the land to the government of the United States, the municipal boards shall be authorized and required to purchase, at the market price, so much in legal tender notes as may be requisite therefor.
SEC. 19. All expenses necessarily incurred or contracted by the carrying into effect of the provisions of this act shall become a charge upon the city or town treasury of each particular city or town ordering the work to be done, to be paid out of the treasury, upon order of the corporate authorities; and all moneys paid for lands or to defray the expenses of carrying into effect the provisions of this act shall be paid into the city or town treasury by the officers receiving the same, and shall constitute a special fund, from which shall be paid all expenses, and the surplus, if any there be, shall be paid into the general fund.
Informality not to invalidate.
SEC. 20. No mere informality, failure, or omission on the part of any of the persons or officers named in this act shall invalidate the acts of such person or officer; but every certificate or deed granted to any person pursuant to the provisions of this act shall be deemed, taken, and considered as conclusive evidence that all preliminary proceedings in relation thereto have been correctly taken and performed; provided, that the city of Petaluma is hereby excepted and exempted from the provisions of this act.
SEC. 21. This act shall take effect and be in force from and after its passage.
An Act amendatory of and supplemental to an act entitled "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 art 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. [Approved March 12, 1885; 1885, 115.]
Judges to enter land at land-office.
SECTION 1. Section one of said act is amended so as to read as follows:
Section 1. It shall be the duty of each of the persons who may be acting as a superior judge and judge of the superior court of any county in this state to enter at the proper land-office of the United States such quantity of land as the inhabitants of any unincorporated town, situated in the county of such superior judge, 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 to make and sign all neces sary declaratory statements, certificates, and affidavits, or other instruments requisite to carry into effect the intentions of this act, and the intention 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 sixty-seven," 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.
Estimate of expenses.
SEC. 2. Section two of said act is amended so as to read as follows:
Section 2. The superior judge of any county in this state, whenever he shall be so requested by a petition signed by not less than five residents, householders in any unincorporated town, whose names appear upon the assessment roll for the year preceding such application-which petition shall set forth the existence, name, and locality of such town; whether such town is situated on surveyed or unsurveyed lands, and if on surveyed lands the quarter-sections or lesser subdivision covered thereby shall be stated; the estimated number of its inhabitants; the number of separate lots or parcels of land within such town site, and the amount of land to which they are entitled under said act of congress-shall estimate the cost of entering such land, and of the survey and recording of the same, and shall indorse such estimate upon said petition; and upon receiving from any of the parties interested the amount of money mentioned in such estimate, the said superior judge may, if he shall deem it necessary, cause an enumeration of the inhabitants of such town to be made by some competent person, who shall be appointed for that purpose by such superior judge; and such enumeration shall be returned by the person so making the same, exhibiting therein names of all the heads of families and occupants of lots, lands, or premises within such town site, alphabetically arranged, verified by his oath, to the superior judge of the county.
Survey of lands.
Section three of said act is amended so as to read as follows:
Section 3. The said superior judge shall thereupon cause a survey to be made, by some competent person, of the lands which the inhabitants of said town may be entitled to claim under the said act of congress, located according to the legal subdivision of the sections and by the section lines of the United States, and the same shall be distinctly marked by suitable monuments. Such surveys shall further particularly 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 town site, shall be designated on the plat, showing the name or names of the possessor or occupant, and claimant, 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 from the body of the plat) of such part of any premises so disputed or claimed adversely. A plat thereof shall be made in triplicate, on a scale of not less than eighty feet to one inch, which shall be duly certified under oath by the surveyor, one of which shall be filed with the county recorder of the county wherein the town is situated, one shall be deposited with the superior judge, and one shall be deposited with the justice of the peace resident in or nearest to such town. These plats shall be considered public records, 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 site surveyed as herein provided, which said numbers shall be a sufficient description of any parcel of land in said plat when mentioned by reference to such town plat; and such plats, field-notes, and records, and certified copies thereof, shall be prima facie evidence of the contents and correctness thereof in all the courts of this state.
Notice to be given.
SEC. 4. Section four of said act is hereby amended so as to read as follows:
Section 4. Before proceeding to make such survey, at least ten days' notice shall be given by the superior judge, 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 a newspaper published in such town, if one there be. The survey of said town lands shall be made to the best advantage, and at the least expense to the holders and claimants thereof; and the said superior judge is hereby authorized to receive bids for such surveying, and to let the same by contract to the lowest competent bidder.
Dedicated to public use.
SEC. 5. Section five of said act is hereby amended so as to read as follows:
Section 5. All streets, roads, lanes, and alleys, public squares, cemeteries, and commons, surveyed, marked, and platted, on the map of any town site, as prescribed and directed by the provisions of this act, shall be deemed and considered, and they are hereby declared to be, dedicated to public use, by the filing of such town plat in the office of the county recorder, and shall be inalienable, unless by special order of the board of supervisors of the county, so long as such town shall remain unincorporated; and if such town shall at any time hereafter become incorporated, then the same shall become the property of such town or city, and shall be under the care and subject to the control of the board of trustees, or other municipal authority of such town or city.
Assessment on land.
SEC. 6. Section six of said act is hereby amended so as to read as follows:
Section 6. Each lot or parcel of said land having thereon valuable improvements, or build. ings 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 superior judge 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 and 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 an 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 persons, 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 constitute a fund from which shall be reimbursed or paid the moneys necessary to pay the government of the United States for said town lands, and interest thereon, if such moneys shall have been loaned or advanced for the purpose and expenses of their location, entry, and purchase, and the costs and expenses attendant upon the making of such survey and recording thereof.
SEC. 7. Section seven of said act is hereby amended so as to read as follows:
Section 7. Any sum of money remaining, after defraying all the necessary expenses of loca tion, entry, surveying, platting, and recording of lands, and the expenses of the superior judge hereinafter mentioned, shall be deposited in the county treasury, to the credit of the fund of each particular town, and shall be kept separate by the county treasurer, to be paid out by him only on the written order of such superior judge, until after the expiration of the time for a final settlement of the affairs of such town lands, as hereinafter provided, at which time any and all balances of moneys so remaining to the credit of each town shall be transferred by such county treasurer to the school fund of the particular school district in which said town shall be
Affidavits to be made by claimants of lots.
SEC. S. Section eight of said act is hereby amended so as to read as follows:
Section 8. Every person, corporation, or association, claimant of any town lot or parcel of land within the limits of such town site, shall present to the superior judge, 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 abuttals; and every such claimant, at the time of filing such affidavit, shall pay to such superior judge such sum of money as such judge 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 the 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 superior judge shall thereupon give to such claimant a certificate containing a description of the lot or parcel of land claimed, and setting forth the amounts paid thereon by such claimant. The superior judge shall procure a bound book for each town in his county, wherein he shall make proper entries of the substantial matters contained in every such certificate issued by him, numbering the same in consecutive order, setting forth the name of the claimant or claimants in full, date of issue, and description of lot or lots claimed.
Assessment insufficient to pay expenses.
SEC. 9. Section nine of said act is hereby amended so as to read as follows:
Section 9. If it shall be found that the amounts hereinbefore specified as assessments and fees for costs and expenses shall prove to be insufficient to cover and defray all the necessary expenses, the superior judge shall be and he is hereby empowered to estimate the deficiency, and to assess such deficiency pro rata upon all the lots and parcels of lands 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.
When deeds to be delivered-Actions-Mining claims.
SEC. 10. Section ten of said act is hereby amended so as to read as follows:
Section 10. 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 judge shall make, execute, acknowledge, and deliver to each 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. 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 actions 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 deeds shall have been filed for record in the office of the county recorder of the county where such lands are situated; 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 the passage of this act; provided further, that whenever mining claims shall have been located and held bona fide for mining purposes, such mining rights, according to the metes and bounds of 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. Adverse claims-Action for possession.
SEC. 11. Section eleven of said act is amended so as to read as follows:
Section 11. 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 superior judge by an agreement in writing, specifying particularly the subject-matter in dispute, and may agree that his decision shall be final; in which case the said judge may hear the proofs, and shall execute a deed in accordance therewith; 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 superior judge, 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 superior judge 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 superior judge shall deliver his deed to the party in possession, as provided in section ten of this act.
Notice of filing of plat.
Section twelve of said act is amended so as to read as follows:
Section 12. The superior judge shall give public notice, by advertisement for four weeks in some newspaper published in the county, if one there be, and if there be no newspaper published in said county, then by 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, or association, or other claimants of lands in such town, shall fail, neglect, or refuse
to make application to the said superior judge for a deed of conveyance of the lands so claimed, and to pay the sum of money specified in this act, within six months after the filing of said plat, the superior judge 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 assessments certified to by such judge 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 judge 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 land.
SEC. 13. Section thirteen of said act is amended so as to read as follows:
Section 13. At the time of sale mentioned in said advertisement, said judge 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 to the purchaser at such sale a certificate of his purchase, setting forth therein a description of the prem ises 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. 14. Section fourteen of said act is amended so as to read as follows:
Section 14. 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 superior judge for 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 the superior judge 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 froin the superior court having jurisdiction of the premises.
SEC. 15. Section fifteen of said act is amended so as to read as follows.
Section 15. If there shall be any unoccupied or vacant unclaimed lands within the limits of such town site the said judge shall cause the same to be laid out and surveyed into suitable blocks and lots, and shall reserve such portions as shall 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 judge 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 one dollar 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, he 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 said judge shall proceed, in the same manner and at the same time that any delinquent lands shall be sold, to sell such vacant lands to the highest bidder for cash, and shall give deeds therefor to the several purchasers.
SEC. 16. Section sixteen of said act is amended so as to read as follows:
Section 16. All school lots and parcels of land reserved for school purposes, as aforesaid, by order of the superior judge, shall be conveyed to the school trustees of the school district in which such town is situate, without cost or charge of any kind whatever.
SEC. 17. Section seventeen is amended so as to read as follows:
Section 17. If any person shall falsely make oath to any affidavit required to be made by this act, he or she shall be deemed guilty of perjury, and upon conviction, shall be punished accordingly.
Deeds fraudulently obtained.
SEC. 18. Section eighteen of said act is amended so as to read as follows:
Section 18. If any guardian or administrator, or tenant, joint tenant, tenant in common, coparcener, or partner in the possession of any of the lands mentioned in this act, shall fraudulently procure, 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 void, and shall convey no title, and an action may be brought by any party injured or aggrieved thereby or claiming any interest in such premises, for the recovery of such interest, at any time within five years after the discovery of such fraud.
Vacancy in office of judge.
SEC. 19. Section nineteen of said act is amended so as to read as follows:
Section 19. In case a vacancy shall occur from any cause in the office of superior judge during the pendency of any of the proceedings to be taken under this act, upon the election or appointment of a successor, it shall be the duty of the county clerk to make out a certificate, under seal, showing the facts and name of such successor, and file the same with the county recorder, who shall record such certificate in a book of deeds, and shall attach the original to the town-book in his office.
SEC. 20. Section twenty of said act is amended so as to read as follows:
Section 20. For service performed under this act, the superior judge shall be entitled to receive, out of the moneys provided for, to be paid into his hands, the sum of one dollar per
mile for all travel necessarily performed by him on such duty; for every deed executed by him, the sum of five dollars, as provided in section eight of this act, which shall include the acknowledgment and revenue stamp thereon required; and for every certificate issued by him. the sum of fifty cents.
SEC. 21. Section twenty-one of said act is amended so as to read as follows:
Section 21. All moneys required to be paid any person under this act shall be paid in gold and silver coin, except that for the payment of the price of the land to the government of the United States the superior judge shall be authorized and requested to purchase, at the market price, so much in legal-tender notes as may be requisite therefor.
SEC. 22. Section twenty-two of said act is amended so as to read as follows:
Section 22. Every superior judge, when fulfilling the duties imposed upon him by the act of congress aforesaid, and by this act, shall keep a correct account of all moneys received and paid out by him. He shall deposit all surplus moneys with the county treasurer of his county, and at the end of one year from the time when the town plat of any town shall be filed in the county recorder's office he shall settle up all the affairs pertaining to said town, and shall pay over to the county treasurer all moneys belonging to said town, for the use and benefit of the school district in which said town may be situate; provided, that if any claims to lands in such town shall be the subject of litigation, the same shall be finally settled by such superior judge, whenever the final decree of court shall be served upon him.
Deposit of books with county clerk.
SEC. 23. Section twenty-three of said act is amended so as to read as follows:
Section 23. Whenever the affairs of any such town shall be finally settled and disposed of by such superior judge, he shall deposit all books and papers relating thereto in the superior court of his county, to be thereafter kept in the custody of the county clerk as public records, subject to the inspection of any citizen.
Informality not to injure.
SEC. 24. No mere informality, failure, or omission, on the part of any of the persons or officers named in this act shall invalidate the acts of such person or officer, but every certificate or deed granted to any person, pursuant to the provisions of this act, shall be deemed, taken, and considered as conclusive evidence that all preliminary proceedings in relation thereto have been correctly taken and performed.
SEC. 25. This act shall take effect and be in force from and after its passage; provided, that the towns of Shasta and Red Bluff shall be and are hereby excepted and exempted from the operation of its provisions.
A new chapter, to be known as Chapter VI., was added to Title III. of Part IV. by act approved April 27, 1880; Amendments 1880, 105
(Ban. ed. 540); took effect from passage. The new chapter is as follows:
FUNDING AND REFUNDING OF CITY INDEBTEDNESS.
4445. Refunding outstanding indebtedness of cities.
SEO. 4445. The board of trustees or municipal council of any city having an outstanding indebtedness on the first day of January, eighteen hundred and eighty, evidenced by bonds or warrants thereof, by a vote of two thirds of all the members thereof, are empowered, if they deem it for the public interest, to fund or refund the same, and issue bonds of the city therefor in sums not less than one hundred dollars nor more than one thousand dollars each, having not more than twenty years to run, and bearing a rate of interest not exceeding seven per cent per annum, payable semi-annually, which bonds shall be substantially in the following form: No. . The city of, in the county of in the state of California, for value received, promises to pay
on the first day of
order, at the office of the treasurer of said city, in18-, or at any time before that day, at the pleasure of the city, the sum of dollars, gold coin of the United States, with interest at the rate of
per cent per annum, payable at the office of the said treasurer, semi-annually, on the first days of and of the interest coupons hereto attached. This bond is issued by the board of
in each year, on presentation and surrender