lished 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 Certain lots thirty days after making such entries, if such application may be sold 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. SEC. 13. Section thirteen of said Act is amended so as to read as follows: by Judge. sold. Section 13. At the time of sale mentioned in said adver- Delinquent tisement, said Judge shall proceed to sell all such parcels of lots to be 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 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. 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 Redemption. the original claimant shall be entitled 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 from the Superior Court having jurisdiction of the premises. SEC. 15. Section fifteen of said Act is amended so as to read as follows: lots to be Section 15. If there shall be any unoccupied or vacant Unoccupied unclaimed lands within the limits of such town site, the said surveyed Judge shall cause the same to be laid out and surveyed into and sold. 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 School lots not to be charges. 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 assessed for 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. False oath. Guardian, adminis trator, etc., deed fraud ulently. SEC. 17. follows: Section seventeen is amended so as to read as 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. 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, comparcener, or partner in not to take 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 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 Judgeship 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 plat book in his office. Fees for Judge. SEC. 20. Section twenty of said Act is amended so as to read as follows: Section 20. For service performed under this Act, the services of 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: silver to be Section 21. All moneys required to be paid by any person Gold and under this Act, shall be paid in gold and silver coin, except paid by that for the payment of the price of the land to the Gov- purchasers, ernment 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 cf said Act is amended so as to read as follows: keep moneys. Section 22. Every Superior Judge, when fulfilling the Judge to 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 to deposit moneys with the County Treasurer of his county, and at the surplus 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. SEC. 23. Section twenty-three of said Act is amended so as to read as follows: records. Section 23. Whenever the affairs of any such town shall County Clerk be finally settled and disposed of by such Superior Judge, he to keep 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. idate acts. SEC. 24. No mere informality, failure, or omission, on the Informality part of any of the persons or officers named in this Act, shall not to invalinvalidate 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. excepted. SEC. 25. This Act shall take effect and be in force from Shasta and and after its passage; provided, that the Towns of Shasta and Red Bluff Red Bluff shall be and are hereby excepted and exempted from the operation of its provisions. Deficiency CHAPTER CXXXIII. An Act making an appropriation for the deficiency in the appropriation for official advertising, for the thirty-sixth fiscal year. [Approved March 12, 1885.] The People of the State of California, represented in Senate and SECTION 1. The sum of two thousand four hundred and advertising seven dollars and thirty-five cents is hereby appropriated out constitu tional amendnients. of any moneys in the State Treasury not otherwise appropriated, for the deficiency in the appropriation for official advertising, for the thirty-sixth fiscal year, to cover claims for advertising constitutional amendments. SEC. 2. This Act shall take effect immediately. Fish Com missioners to construct steam launch. Appropriation. CHAPTER CXXXIV. An Act to authorize the Board of Fish Commissioners of this State to construct a steam launch to aid in carrying out the purposes of said Board, and providing for the payment of claims incurred in such construction. [Approved March 12, 1885.] The People of the State of California, represented in Senate and SECTION 1. The Board of Fish Commissioners of this State are hereby authorized and empowered to cause to be constructed a steam launch of light draft suitable to navigate the waters of this State. SEC. 2. Said steam launch, when constructed, shall be under the exclusive control of said Board of Fish Commissioners, and shall be used by them in carrying out the purposes of said Board. SEC. 3. The claims for expenses of constructing said steam launch shall be presented and allowed by the State Board of Examiners, and shall be paid out of the fund created by this Act for such purposes. SEC. 4. The sum of four thousand dollars is hereby appropriated out of the General Fund in the Treasury of this State, for the purpose of paying said expenses, and the State Treasurer is empowered and directed to set apart said four thousand dollars into a separate fund for the purpose herein specified. SEC. 5. This Act shall take effect on and after its passage. CHAPTER CXXXV. An Act to amend section one hundred and sixty-four of an Act entitled "An Act to establish a uniform system of county and township governments," approved March 14, 1883. [Approved March 14, 1885.] The People of the State of California, represented in Senate and SECTION 1. Section one hundred and sixty-four of the Act of which this is amendatory, entitled "An Act to establish a uniform system of county and township governments," approved March fourteenth, eighteen hundred and eightythree, is amended to read as follows: principals. retain per cent on taxes expenses in in keeping prisoners 164. The salaries and fees provided in this Act shall be Deputies to in full compensation for all services of every kind and be paid by description rendered by the officers therein named, their deputies and assistants; and all deputies employed shall be paid by their principals out of the salaries herein before provided; provided, however, the Assessor shall be entitled to Assessor to receive and retain for his own use, six per cent on personal property tax collected by him, as authorized by section three collected. thousand eight hundred and twenty of the Political Code, and fifteen per cent of all amounts collected by him for poll taxes; and, provided further, that the Board of Supervisors Sheriff has shall allow to the Sheriff his necessary expenses for pursu- criminal ing criminals, or transacting any criminal business, without business and the boundaries of his county, and for boarding prisoners in property and the county jail; provided, that the Board of Supervisors shall conveying fix the price at which such prisoners shall be boarded. The and insane. Court shall also allow the Sheriff his necessary expenses in keeping and preserving property seized on attachment or execution, to be paid out of the fees collected in the action; all expenses necessarily incurred in conveying persons to and from the State Prison, and insane persons to and from the Insane Asylum, which shall be allowed by the Board of Examiners and collected from the State; and, provided further, that whenever, in the opinion of the Board of Supervisors, Supervisors the salary of any county officer in the fifth, thirteenth, may provide twenty-second, twenty-third, twenty-fourth, twenty-sixth, certain thirty-second, thirty-third, thirty-seventh, and forty-first classes, as fixed and provided in this Act, is insufficient to pay a reasonable compensation for the services required to be performed, the said Board shall allow such officer a deputy, or such number of deputies, as in their judgment may be required to do the business of such office, in connection with the principal, at a salary not to exceed one hundred dollars Salary. per month, to be paid at the times and in the manner that said principal is paid. SEC. 2. This Act shall take effect immediately. officers. |