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Fees.

in part satisfaction of the grant of the five hundred thousand acres of land donated to this State for school purposes, by Act of Congress.

SEC. 6. The Register may charge, and receive, for issuing the certificate required by section three of this Act, the sum of three dollars.

Sec. 7. All Acts, and parts of Acts, conflicting with the provisions of this Act, are hereby repealed.

Sec. 8. Nothing in this Act shall be construed so as to authorize or confirm the location or purchase of any of the mineral, swamp, or overflowed lands in this State, as school lands.

Repealing clause.

Lands exempted.

File an affidavit.

CHAP. CCCXIV.-An Act amendatory of an Act entitled An Act

to provide for the Sale and Reclamation of the Swamp and Overflowed Lands of this State," approved April twenty-first, one thousand eight hundred and fifty-eight.

[Approved April 18, 1859.) The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. Section second of this Act is hereby amended so as to read as follows:

Section two–Any person who is, or may be, entitled, by the laws of this State, to become a citizen thereof, wishing to purchase land under the provisions of this Act, shall file an affidavit in the office of the County Surveyor of the County in which the land sought to be purchased, or the larger portion thereof, is situated, that he has not purchased any other land under the provisions of this Act, or under the provisions of an Act passed April twenty-eighth, one thousand eight hundred and fifty-five, entitled “An Act to provide for the sale of the swamp and overflowed lands belonging to this State," which, with the lands sought to be purchased, shall exceed six hundred and forty acres; and that he or she has no knowledge of any other legal or equitable claim than his own; and that every forty-acre lot, or its equivalent subdivision, of the land sought to be purchased, is the greater part swamp or swampy, or subject to inundation at the planting, growing, or harvesting seasons, so as to endanger, injure, or destroy, the crops, taking the average season for a reasonable number of years, prior to the year one thousand eight hundred and fifty, as a rule of determination. He shall then cause the land sought to be purchased, to be surveyed, or, in case of a previous legal survey, shall cause said survey to be approved and certified by the County Surveyor of the County in which such land, or the greater portion thereof, is situated.

SĖc. 2. Section four of said Act is hereby amended so as to read as follows:

Section four-The purchaser of land, under the provisions of

$1 per acre.

this Act, shall, within thirty days after the record of the approval of the Surveyor-General, as aforesaid, and upon presentation of such plot and field-notes, for record, approved by the Survey. or-General, as aforesaid, pay to the County Treasurer of said County, one dollar per acre, for all land contained in such survey, which may be paid in money, and take said Treasurer's duplicate receipt for the same, and have such receipt recorded in the office of the County Auditor, immediately upon the receipt of the same, and it shall be the duty of the County Auditor to transmit a copy of said receipt, to the Register of the Land Office, as soon as it is recorded in his office.

Any person, or persons, however, wishing to purchase lands 20 per cent. under the provisions of this Act, may, if preferred by such pur- with interest

of chaser, or purchasers, pay twenty per cent. of the principal, and ten per cent. interest, per annum, on the balance, yearly in advance, for the term of five years; said twenty per cent. of the principal and first year's interest on the balance to be paid at the time, and in the manner, as above provided for payment in full; Provided, that if any person, or persons, purchasing lands upon said credit of five years, shall fail, or neglect, to pay twenty per cent. and first year's interest, within thirty days from record of approval of the Surveyor-General by the County Surveyor, or shall fail to pay the interest yearly in advance, or shall fail to pay the principal within the said term of five years from date of purchase, such neglect, or failure, shall work å forfeiture of such lands and the partial payments made, and the same shall be re-sold, as if no purchase had been made. Interest, in all cases, shall be computed from the date of the approval of the Surveyor-General, of the survey, which shall be held to be the date of purchase. And all persons purchasing lands, shall, at the time of making their first payment, pay to the County Treasurer the fee allowed by law for a certificate of purchase ; said fee. to be subject to the order of the Register of the State Land Office.

Sec. 3. Section eight is hereby amended so as to read as follows:

Section eight-No person shall become the original purchaser, Not moro as aforesaid, under the provisions of this Act, of more than six than 640 hundred and forty acres, and the same must be taken in quartersections, according to the United States survey, except as hereinafter provided, for the protection of actual settlers; where such location is impracticable, or where smaller subdivisions are found necessary, in order to make up six hundred and forty acres, or the number of acres sought to be purchased, and so certified by the County Surveyor, then, and in that case, the next legal subdivision, or fractional section, may be taken; Provided, the whole does not exceed six hundred and forty acres, or measure more than one-half mile front, on any bay or navigable stream.

SEC. 4. Section nine is hereby amended so as to read as follows:

Section nine-Any person, or persons, having, or holding, a Settler's settler's claim, under the laws of this State for the protection of claim. settlers, or having, or holding, a claim by right of actual possession, or having, or holding, a claim by survey and location, to

acres.

In case of contest.)

any swamp lands, excepted from the provisions of the Act entitled “An Act to provide for the sale of the swamp and overflowed lands belonging to this State," passed April twenty-eighth, one thousand eight hundred and fifty-five, upon any of the swamp and overflowed lands embraced within the provisions of this Act, shall be protected in his, her, or their possession, acccording to the boundary-lines of said possession, or location; Provided, that he, she, or they, shall, within twelve months from and after the passaye of this Act, comply with all the other requirements of purchasers, under the provisions of this Act; Provided, further, that the said claim shall not exceed six hundred and forty acres, or measure more than one-half mile front, by legal subdivision, on any bay, lake, or navigable stream.

Sec. 5. Section ten of said Act is hereby amended so as to read as follows:

Section ten-In all cases where a contest for the certificate of purchase, or other evidence of title, to the same tract of land, shall arise before the Register, when such contest is purely as to the survey, the Register shall determine the same, according to the facts, and issue his certificate therefor, to the person whom he shall determine to be entitled thereto. Whenever, in the judgment of the Register, a question of law alone, or of law and fact, is involved in such contest, or when either party shall demand a trial of such questions in the Courts of the State, said Register shall enter such judgment, or demand, of either of the parties, in the record of the proceedings had before him, together with a direction that the parties to such contest are referred to the Courts of the State for a legal determination of said contest, or conflicting claim. Either party to such contest may bring his action in the District Court of the County in which the land in dispute is situate, to determine such conflicting claim, and the proffer of a certified copy of said entry made by the Register, and upon service and return of process, as in other civil cases, shall give to said District Court full and complete jurisdiction to hear, try, and determine, said conflicting claim. Upon filing with the State Register a certified copy of the final judgment or decision of said District Court, said State Register shall issue his certificate, or other evidence of title, in accordance with such decison. For services to be rendered by the Receiver, as prescribed by this Act, he shall be entitled to demand and receive, as a fee, the sum of ten dollars, in each case, to be deposited, equally, in advance, by the parties contesting, and on the filing, hearing, or termination, of such contest, when finally determined by him-or on certifying the proceedings had by him, as aforesaid, it shall be lawful for him to assess equally, in whole or in part, the above sum to either of the parties contestant, and for each certificate of purchase or patent he shall be entitled to demand the sum of five dollars.

Sec. 6. All lands purchased under the provisions of this Act shall be held to be taxable from and after date of purchase.

Taxable.

CHAP. CCCXV.- An Act amendatory of, and supplementary to, an

Act to provide Revenue for the support of the Government of this
State, approved April twenty-ninth, eighteen hundred and fifty-

seven.

taxable.

[Approved April 19, 1859.] The People of the State of California, represented in Senate and

Assembly, do enact as follows : SECTION 1. Section second of an Act entitled an Act to pro- Property vide revenue for the support of the Government of this State, approved April twenty-ninth, eighteen hundred and fifty-seven, is hereby amended so as to read as follows :

Section second-All property, of every kind and nature whatever, within this State, shall be subject to taxation, except:

First-All lands, and lots of grounds, with buildings, improve- Exempt. ments, and structures thereon, belonging to the State, or to any Municipal Corporation, or to any County of the State, and all lands belonging to the United States, or to this State, and all buildings and improvements belonging to the United States, or to this State.

Second-Court-houses, Jails, Town-halls, Council-chambers, Market-houses, belonging to any County, or Municipal Corporation, houses occupied by Fire-companies, and their apparatus, and other public structures and edifices, and all squares and lots kept open for health or public use, or for ornament, belonging to any County, City, Town, or Village, in this State.

Third-Colleges, school-houses, and other buildings for the purpose of education, with their furniture, libraries, and all other equipments, and the lots, or lands, thereto appurtenant, and used therewith, so long as the same shall be used for that purpose, unless the same are private property, from which a rent or valuable consideration for their use is derived ; in which latter case they shall be taxed as other property.

Fourth-Public hospitals, asylums, poor-houses, and other charitable or benevolent institutions for the relief of the indi. gent and afflicted, and the lots, or lands, thereto appurtenant, with all their furniture and equipments, so long as the same shall be used for that purpose only, and without pecuniary gain.

Fifth-Churches, chapels, and other buildings for religious worship, with their furniture and equipments, and the lots of ground appurtenant thereto, and used therewith, provided rent is not paid for such ground, so long as the same shall be used for such purpose only, without yielding rent.

Sixth-Cemeteries, and grave-yards, set apart and used for the purpose of interring the dead.

Seventh-The property of widows, or orphan children, to the amount of one thousand dollars.

EighthGrowing crops.
Ninth-Mining-claims.

In all cases where property, other than growing crops, or mining-claims, is claimed as exempt from taxation, under the

provisions of this section, by any person, association, or corporation, except the United States, or the State of California, such person, association, or corporation, in order to entitle himself, or themselves, to the benefit of such exemption, shall make a statement in writing to the Tax-Collector, setting forth the property claimed to be exempted, by whom such property is is owned, and the reason for such exemption. Such statement shall be verified by the oath of the person claiming such exemption, or of some person on his behalf; and where the statement is made by an association, or corporation, it shall be verified by the oath of some person on behalf of said association, or corporation. The Tax-Collector, or any of his Deputies, are hereby authorized and empowered to administer such oath, and to prescribe the form thereof, without charge. Such statement, in writing, duly verified, as aforesaid, shall be delivered to the Tax-Collector, prior to the third Monday of October, in each year.

Sec. 2. Section third of said Act is hereby amended so as

to read as follows: Property of Section third-Between the first Monday in February and the Corporations second Monday in March, in each year, every person, corpora

tion, association, company, or firm, owning, claiming, or having any interest in, or having the possession, charge, or control, of any real estate, or any personal property, situate or being within the County, shall deliver to the City and County Assessor, at his office or place of residence, a statement, under oath, of all the real estate or personal property within the County, owned or claimed by such person, firm, corporation, association, or company, or which is in the possession, or under the control of such person, firm, corporation, association, or company. Said statement shall contain a description of the real estate owned or claimed by such person, corporation, association, or firm, or in which said person, corporation, association, or firm, has, or claims to have, any interest, or which is under the possession, charge, or control, of such person, corporation, association, or firm, and the cash value thereof, the name of such person, corporation, association, or firm; the cash value of all the personal property, and a description thereof, under the following classification and definition :

First-All household and kitchen furniture; all law, medical, and miscellaneous libraries.

Second-All stocks of goods on hand; all goods, wares, merchandise, and chattels, of every description.

Third-All money on hand, or on deposit in bank, or banks, or with individuals; and all gold-dust.

Fourth- All horses, mules, oxen, cows, calves, beef-cattle, hogs, sheep, goats, jacks, and jennets, and cattle of every description, wagons, carriages, and all other vehicles, whether for use, pleasure, or hire.

Fifth-All machines, or machinery, and all works, and improvements, not fixed to the soil, and not included in the term real estate, as defined in this Act.

Sixth--All storeships and hulks, all steamers, vessels, and water-craft, of every kind and name, either owned in whole, or

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