and properly acknowledge a good and sufficient deed or deeds sufficient to vest in the state all title, interest, or claim which such society may have in and to any land to be affected by the proceedings hereby authorized to be instituted; such deed or deeds to be conditioned that the title, claim, or interest of such society embraced in, such deed or deeds shall be held by the state of California in trust for the benefit of such society; which said deed or deeds shall be deposited with the state treasurer, to be by him held in escrow pending the final conclusion of such proceedings in such court. If the court in which such proceedings are had shall order such land to be sold, as herein provided for, the state treasurer shall forthwith file such deed or deeds with the county recorder of the county, or city and county, in which such land is located. If there be any liens upon or claims against the property, the court shall order them paid out of the proceeds of sale. The residue remaining, after paying the costs and expenses of sale and such liens and claims against the property as the court may order paid, shall be paid into the state treasury, where it shall remain until required for the purchase of other property for the use of such society or association, upon the order of the state controller; and it shall be drawn therefrom only upon authorization passed by the board of directors or trustees of such society or association, by and with the approval of the state board of examiners, and upon warrants duly drawn by the state controller. If, through any defects in the proceedings, or otherwise, the title should not pass, the state will indemnify the purchaser by repaying to him the amount paid by him; provided, such purchaser or purchasers shall file their claim or claims for the repayment of such purchase price with the state board of examiners within five years after the payment of such purchase price to the state treasurer in the first instance. The surplus of proceeds of sale, paid into the state treasury, shall be drawn out on certificate, signed by a majority of the directors, or governing body of such society or association, and also of the state board of examiners, stating that it is desired for the payment for other property for the use of such agricultural society; and upon receipt of such certificate, the treasurer shall pay to the said directors, or governing body, or person designated by them, all or such part of such surplus as may be required for the purchase of other property; provided, however, that if all or any portion of the real estate, and the improvements thereon held by any state agricultural society under state control, shall have been acquired in the name of such society, or of any person, association, or corporation, in trust for the use of said, or any other agricultural society, originally, or at any time, by the use of money derived from taxation of the taxable property of any city and county, county, or city, then, and in that event, the surplus proceeds of any sale of such property shall be invested in other real estate, within the same county, or city and county, for the same purpose, and not otherwise, or elsewhere. It is expressly provided that in no event shall the state be liable for the payment of any expense, interest, or attorneys' fees, incurred by any one, on any account, by or on behalf of any such agricultural society in their behalf; and it shall be incumbent on such society to make provision for the payment of the expenses, costs, attorneys' fees, and any interest that may be necessary to be paid any purchaser, by reason of repayment of any purchase money on account of failure of title to such lands; such provision for the payment of expenses, attorneys' fees, costs, and anticipated interest to be provided for prior to the issue of any summons, or order of publication in any action contemplated by this [Amended March 16, 1899. Stats. 1899, 106.] act. Sec. 2. If any real estate contemplated in the preceding section, purchased by the proceeds of taxes levied upon and collected from the taxable property of any city and county, county, or city, shall have been ordered sold, as in said section provided, and shall have been offered for sale in the mode therein specified, for a period of sixty days or more, and not all sold for want of an adequate price, the board of directors, or governing body of such society or association, shall be, and they are hereby authorized and empowered to exchange all or any part of such real estate for other land suitable for the use of such society, or association, within the same county, or city and county, upon such terms as may be reasonable and just, and the deed or deeds executed for the conveyance of such real estate in exchange shall be executed by the board of directors of such society or association, or a majority thereof, and by the commissioner appointed in the proceedings provided for in the preceding section for the sale of such property, and such exchange of property shall be subject to, and with the approval of a judge of the superior court of the county, or city and county, in which the pro ceedings provided for were had. [New section added March 16, 1899. Stats. 1899, 108.] Sec. 3. In case of the exchange of any portion of such property, as provided for in section two thereof, the real estate received in such exchange shall be subject to the indemnification of any person who shall receive any of the said real estate of said agricultural society in such exchange in case of any defect in the proceedings, or otherwise, whereby the title to such real estate of such society should not pass, and in such case of exchange the state of California shall be absolved from any obligation to pay any part of any purchase price, or value of exchanged property; provided, further, that no claims for failure of title for any reason shall be entertained after five years from the date of such exchange. [New section added March 16, 1899. Stats. 1899, 109.] Sec. 4. This act shall take effect immediately from and after its passage. Prior acts relating to agricultural societies: ACT 65. To incorporate a state agricultural society. [Stats. 1854, 56.1 Amended 1858, 80; 1863, 50. Supp. 1863, 49, 259. These acts were continued in force by Political Code, sec. 2326. Cal. Rep. Cit. 121, 19. ACT 66. Concerning agricultural societies. [Stats. 1859, 104.] Amended 1862, 37; 1869-70, 31; 1877-8, 84. This act provided for the formation of agricultural societies by any seven or more persons and for their powers and government. АСТ 67. Providing for the management and control of the state agricultural society. [Stats. 1880, p. 49.] Cal. Rep. Cit 85, 510; 121, 19. АСТ 68. An act entitled an act to form agricultural districts, to provide for formation of agricultural associations therein, and for the management and control of the same by the state, and to repeal all acts and parts of acts in conflict with this act. [Stat. approved March 31, 1897. Stats. 1897, 304. Amended 1901, 304.] Section 1. The several counties of this state are divided and classified into agricultural districts and numbered as follows, to wit: The counties of San Francisco and Alameda shall constitute agricultural district No. 1. The county of San Joaquin shall constitute agricultural district No. 2. The county of Butte shall constitute agricultural district No. 3. The counties of Sonoma and Marin shall constitute agricultural district No. 4. The counties of San Mateo and Santa Clara shall constitute agricultural district No. 5. The county of Los Angeles shall constitute agricultural district No. 6. The county of Monterey shall constitute agricultural district No. 7. The county of El Dorado shall constitute agricultural district No. 8. The county of Humboldt shall constitute agricultural district No. 9. The county of Siskiyou shall constitute agricultural distriet No. 10. The counties of Plumas and Sierra shall constitute agricultural district No. 11; provided that the first fair held in the eleventh agricultural district after the passage of this act shall be held in Sierra County; the next fair in Plumas County, and thereafter said counties shall so alternate in holding such fairs. The county of Lake shall constitute agricultural district No. 12. The counties of Sutter and Yuba shall constitute agricultural district No. 13. The county of Santa Cruz shall constitute agricultural district No. 14. The county of Kern shall constitute agricultural district No. 15. The county of San Luis Obispo shall constitute agricultural district No. 16. The county of Nevada shall constitute agricultural district No. 17. The counties of Mono, Inyo, and Alpize shall constitute agricultural district No. 18. All that portion of Santa Barbara County lying east of the Gaviota and south of the Santa Ynez Mountains, shall constitute agricultural district No. 19. The county of Placer shall constitute agricultural district No. 20. The counties of Fresno and Madera shall constitute agricultural district No. 21. The county of San Diego shall constitute agricultural district No. 22. The county of Contra Costa shall constitute agricultural district No. 23. The counties of Tulare and Kings shall constitute agricultural district No. 24. The county of Napa shall constitute agricultural district No. 25. The county of Amador shall constitute agricultural district No. 26. The counties of Shasta and Trinity shall constitute agricultural district No. 27. The counties of San Bernardino and Riverside shall constitute agricultural district No. 28. The county of Tuolumne shall constitute agricultural district No. 29. The county of Tehama shall constitute agricultural district No. 30. The county of Ventura shall constitute agricultural district No. 31. The county of Orange shall constitute agricultural district No. 32. The county of San Benito shall constitute agricultural district No. 33. The county of Modoc shall constitute agricultural district No. 34. The counties of Merced and Mariposa shall constitute agricultural district No. 35. The county of Solano shall constitute agricultural district No. 36. All that portion of Santa Barbara County not included in agricultural district No. 19 shall constitute agricultural district No. 37. The county of Stanislaus shall constitute agricultural district No. 38. The county of Calaveras shall constitute agricultural district No. 39. The counties of Yolo and Sacramento shall constitute agricultural district No. 40. The county of Del Norte shall constitute agricultural district No. 41. |