Изображения страниц

thousand acres of land granted to this State by Act of Congress," passed May third, eighteen hundred and fifty-two.


SEC. 2. Immediately after the location and entry of said Claimants to lands at the proper Land Office, the Common Council of Cres- be notified, cent City, aforesaid, shall cause notice to be published in the newspapers published in the said County of Del Norte, weekly, for four successive weeks, requiring every claimant of any portion or lot of the lands included in said location to present a statement, supported by the proper evidence of their respective claims, to the Common Council aforesaid, and file the same with the Clerk of said Council, at his office, in said town of Crescent City, within six months from the date of the publication thereof; and the said Clerk shall be in attendance, at his office, at all ordinary business hours, for the reception of such statements.

SEC. 3. The evidence mentioned in the preceding section shall be proof of title from I. F. Wendell, the original locator under school-land warrants on behalf of the original settlers, herein before mentioned, or from his grantees, or their successors in interest; and no other proof or evidence, whether it include occupancy or not, shall be held valid by the said Common Council; Provided, that in case of proof to said Common Council of the loss of the original deed to the grantee or his successor in interest, claiming any portion of said location, the said Common Council may receive such secondary evidence as to the fact of the claimant being such grantee or successor in interest, as would be received under similar circumstances in a Court of Justice.


SEC. 4. On receipt of the proof hereinbefore mentioned, and Common on payment by the claimant or claimants of his or their propor- Council tion of the necessary expenses attendant upon this location, the claimants. said Common Council shall make and deliver to the parties proving themselves entitled thereto, a good and sufficient deed, or deeds, to the portions of said location to which they are respectively entitled.

SEC. 5. In all claims or deeds, under the provisions of this Act, reference shall be made to, and the lines followed, of the map of said town of Crescent City, as surveyed by T. P. Robinson in the year eighteen hundred and fifty-three, and on file in .the office of the Recorder of said County of Del Norte.

SEC. 6. All lots or tracts of land within the location herein authorized, which shall remain unclaimed or unproved at the expiration of the time prescribed in section two of this Act, shall revert to the said Common Council of Crescent City and their successors, in trust for the use and benefit of the corporation of "The Common Council of Crescent City."

SEC. 7. The proportion of expense to be paid by each claimant, as specified in section four of this Act, shall be pro rata on the expense of the whole location herein authorized, in proportion to the assessed value of the lot or lots respectively claimed by him, her, or them; Provided, that the said assessed value shall be fixed by three competent persons, to be appointed by the said Common Council, but not from among their own numbers.

SEC. 8. The provisions of this Act shall not apply to the lots and blocks in the original town-site of said Crescent City, which were drawn by the said I. F. Wendell, in the distribution of the said

lots and blocks as laid down in the map referred to in section five of this Act, at the division of the same among the original settlers of said town. The said I. F. Wendell being hereby authorized, in the payment of his proper proportion of the expense of the whole location, to receive from the said Common Council a deed for said lots and blocks.

Condonation of lands for public use.

CHAP. XXXVI.-An Act to provide for the Relinquishment to the
United States, in certain cases, to Title in Lands for Sites of Light-
houses, and for other purposes, on the Coasts and Waters of this

[Approved February 14, 1859.]

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

SECTION 1. That whenever it shall be made to appear to any one of the District Courts of this State, upon the application of any authorized agent of the United States, that the said United States are desirous of purchasing any tract of land, and the right of way thereto, within the limits of this State, for the erection of a light-house, beacon-light, range-light, fortifications, navy-yard, or other military or naval purposes, and that the owner or owners of said lands are unknown, non-residents, or minors, or from any other cause are incapable of making a perfect title to said lands, or in case the said owners being residents, and capable of conveying, shall, from disagreement in price, or any other cause whatever, refuse to convey said lands to the United States, it shall be the duty of the Judge of the District Court in which the lands so designated to be purchased are situated, to order notice of the said application to be published in some newspaper nearest to where said lands lie, also in one newspaper published in the City of San Francisco, once in each week, for the space of four months, which notice shall contain an accurate description of the said lands, together with the names of the owners, or supposed owners, and shall require all persons interested in the said lands to come forward, on a day to be specified in said notice, and file their objections, if any they should have, to the proposed purchase; and, at the time specified in said notice, it shall be the duty of the said District Court to impannel a jury, in the manner now provided by law, to assess the value of said lands, and all damages sustained by the owner of the lands so appropriated, by reason of such appropriation; which amount, when so assessed, together with the entire costs of said proceedings, County Trea- shall be paid into the County Treasury of the County in which said proceedings are had, and thereupon the Sheriff of the said County, upon the production of the certificate of the Treasurer of said County, that the said amount has been paid, shall execute to the United States, and deliver to their authorized agent, a deed of the said land, reciting the proceedings in said cause,

Money to be paid into


which said deed shall convey to the said United States a good and absolute title to the said lands against all persons whatso


SEC. 2. That the money so paid into the County Treasury shall there remain until ordered to be paid out by a Court of competent jurisdiction.


SEC. 3. It shall be the duty of the Judge directing money to Treasurer to be paid to a County Treasurer, in accordance with the provi- give bond, sions of this Act, to require of such Treasurer a bond in double the amount of money ordered to be paid to him, with two or more sufficient sureties, to be approved by said Judge. Said bonds shall be payable to the people of the State of California, for the use and benefit of such persons, severally, as are entitled to said money; said bonds shall be executed, approved, and filed with the Clerk of said Court before receiving said money.

SEC. 5. In addition to the publication required by this Act, if there be a newspaper printed in the Spanish language in the Judicial District where such land is situated, said notice shall also. be published in such newspaper, for the length of time herein. provided. In all cases of publication of notice under this Act, the Court shall require the same proof as in cases of the publication of notice under the Civil Practice Act of this State.

SEC. 5. That "An Act authorizing the United States to purchase lands for public purposes," approved March tenth, one thousand eight hundred and fifty-seven, be, and the same is hereby, repealed.

CHAP. XXXVII.-To change the Time of holding the County Court in the County of Marin.

[Approved February 14, 1859.]

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


SECTION 1. The County Court in and for the County of County Marin shall be held on the second Monday of January, March, of holding. May, July, September, and November.

SEC. 2. This Act shall take effect on the first day of March, Takes effect. A. D. eighteen hundred and fifty-nine.


SEC. 3. Section forty-six of an Act concerning Courts of Repealing Justice in this State, and judicial officers, passed May nineteenth, A. D. eighteen hundred and fifty-three, so far as the same relates to the County of Marin, is hereby repealed.



CHAP. XXXVIII.-An Act to legalize the Assessment of Real and Personal Property made by John H. Lillard. in the County of Butte, during the Years A. D. eighteen hundred and fifty-six, and A. D. eighteen hundred and fifty-seven.

[Approved February 14, 1859.]

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

SECTION 1. The assessment of real and personal property legalized for made by John H. Lillard, as County Assessor, in and for Butte County, for State and County purposes, during the years A. D. eighteen hundred and fifty-six, and A. D. eighteen hundred and fifty-seven, is hereby legalized and rendered as valid and binding, both at law and in equity, as if said John H. Lillard had been duly elected according to law to fill said office of County Assessor.

Copying for
Senate and


from super

vision of


CHAP. XXXIX.-An Act appropriating Money for the Pay of Copying done for the Legislature.

[Approved February 14, 1859.]

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

SECTION 1. The sum of five thousand dollars is hereby appropriated, out of any moneys in the General Fund not otherwise appropriated, for copying done for the Senate, and five thousand dollars for copying done for the Assembly, to be known as the Copying Fund of the Senate, and the Copying Fund of the Assembly, respectively.

SEC. 2. The sum appropriated by this Act is hereby expressly exempted from the provisions of an Act to create a Board of ExBoard of Examiners, to define their powers and duties, and to impose certain duties upon the Controller and Treasurer, approved April twentyfirst, eighteen hundred and fifty-eight, but shall be disbursed under the direction of the body to which it may respectively belong.

CHAP. XL.-An Act to authorize the Board of Supervisors of
Trinity County to levy a Special Tax, and create a Redemption
Fund, for the payment of County Indebtedness.

[Approved February 14, 1859.]

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

SECTION 1. The Board of Supervisors of the County of Trin- Tax one-half ity shali have power, and it is hereby made their duty, to levy a per cent. special tax, annually, in addition to other taxes provided for by law, upon the taxable property in said County, of not more than one-half of one per cent., and said tax shall be collected at the same time and in like manner as other taxes are collected in said County.

SEC. 2. The tax provided for in the first section of this Act, Redemption together with sixty per cent. of all moneys received into the fund. County Treasury for County purposes, from the sale of foreign miners' licenses, shall be set aside and kept as a special fund, to be called a Redemption Fund, and shall be held and disbursed as is hereinafter provided.

SEC. 3. It shall be the duty of the County Treasurer to give Advertisethirty days' notice, by publication in some newspaper published ment. at the County-seat, that sealed proposals, directed to him, for the surrender of County warrants, will be received by him up to the last day of the session of each regular meeting of the Board of Supervisors.

SEC. 4. On the last day of each regular meeting of the Board Bids to be of Supervisors, they, together with the County Auditor and opened. Treasurer, shall attend at the office of the latter, and then and there open all proposals, and accept the lowest bids for the surrender of County warrants; Provided, that no bid for more than the par value of said warrants, or any bid unless accompanied by the warrants proposed to be surrendered, shall be accepted. SEC. 5. When any bids are accepted, the County Auditor and County Treasurer shall each take description of the number and amount of warrants to be redeemed, specifying the amount to be paid for each warrant, and make a several record thereof in their respective offices, and thereupon the Board of Supervisors shall make an order directing the County Treasurer to purchase the warrants designated in the accepted bids, and pay for the same out of the Redemption Fund; and the warrants so Warrants, redeemed shall be canceled as other redeemed County warrants to be canare, except that the County Treasurer shall write on the face of celed. said warrants, Purchased," and the amount paid for the same, and shall sign his name thereto. The order of the Board of Supervisors directing the County Treasurer to purchase said warrants, together with the record made by the County Auditor, shall be sufficient vouchers for the County Treasurer in the settlement of his accounts. The bids being equal, the preference shall be given to the smallest amount of warrants; the bids and amount of warrants being equal, each shall accept pro rata, or


when paid,

« ПредыдущаяПродолжить »