denced by actual inclosure, or by ditches or monuments showing the actual extent thereof, are preferred purchasers for such lands for six months after segregation. NOTE.-Stats. 1870, p. 878. 3443. Any person desiring to purchase swamp and overflowed or tide lands above low tide, must make affidavit that he is a citizen of the United States or has filed his intention to become so, a resident of the State, of lawful age, that he desires to purchase lands (describing them) under the law providing for the sale of swamp and overflowed and tide lands, that he does not know of any valid claim to the same other than his own, and, if the land is swamp and overflowed, that there are no settlers thereon, or if they are, that the land has been segregated more than six months. NOTE.-Stats. 1870, p. 878. female 3444. If the applicant is a female, such affidavit If made by must also show that she is entitled to purchase real what. estate in her own name. filed, and 73-4 County 3445. The affidavit must be filed in the office of Where the Surveyor of the county in which the land, or the greater portion thereof, is situate; and he must, except when surveys have already been made, then make a survey of the land. Petitions for of reclama districts. 3446. Whenever the holders of evidence of title representing one half or more of any body of swamp formation and overflowed, salt marsh, and tide lands, susceptible tion of one mode of reclamation, desire to reclaim the same, they may present to the Board of Supervisors of the county in which the lands, or the greater portion thereof, are situated, at a regular meeting of the Board, a petition setting forth that they desire to adopt measures to reclaim the same, the description of the lands by legal subdivisions, the quantity sold, and the quantity remaining unsold, the number of 1879-4 A 254 Same. When the district is Proceedings on petition. acres in the whole district, and the number of acres in each tract sold, with the names (if known) of the owners thereof. 3447. The petition must be verified by the affidavit of one of the petitioners, and must be published for four weeks next preceding the hearing thereof in some newspaper published in the county in which the lands are situated; or, if there is no newspaper published in the county, then it must be published in some newspaper having a general circulation in the county, and an affidavit of publication must be filed with such petition. 3448. When a district is situated partly in different counties the Trustees must, after the petition has been granted, forward a copy thereof to the Clerk of the Board of Supervisors of each of the counties in which any portion of the district may lie, and the Board to which the same is forwarded must not allow another district to be formed within such district, unless with the consent of the Trustees thereof. 3449. If the Board of Supervisors find upon the approval of hearing of the petition that the statements are correct, and that no land is improperly included in or excepted 73-4 from the district, they must note their approval on the petition, which approval must be signed by the President and attested by the Clerk. Petition, Duty of 3450. The petition must then be recorded by the County Recorder in a book kept for the purpose of recording papers relating to reclamations, and a certified copy thereof forwarded to the Register. 3451. The Register must thereupon forward to the receipt of County Treasurer a statement showing the names of all owners of land in the district who have paid in full for their lands. copy. 75-4 by-laws A 255--73-4 3452. After the approval of the petition, the peti- District tioners may make such by-laws as they deem neces- and sary to effect the work of reclamation and keep the same in repair, and they must elect three of their number, by the votes or consent of the holders of certificates of purchase or patents representing at least one half the land sought to be reclaimed, to act as a Board of Trustees to manage the same. 3453. The by-laws thus adopted must be signed by the holders of certificates of purchase or patents representing at least one half of the land so to be reclaimed or benefited, and be recorded by the County Recorder in the same book and immediately following the petition. By-laws must be signed and recorded. Trustees. 3454. The Board thus formed have power to elect Powers of one of their number President thereof, and to employ engineers to survey, plan, locate, and estimate the cost of the work necessary for reclamation, and the land needed for right of way, including drains, canals, sluices, water gates, embankments, and material for construction, and to construct, maintain, and keep in repair all works necessary to the object in view. 3455. The Board of Trustees must report to the Board of Supervisors of the county, or, if the district is in more than one county, then to the Board of Supervisors in each county in which the district is situated, the plans of the work and estimates of the cost, together with estimates of the incidental expenses of superintendence, repairs, etc. 3456. The Board by which the district was formed must appoint three Commissioners, disinterested persons, resident of the county in which the district or some part thereof is situated, who must view and assess upon the lands situated within the district a charge proportionate to the whole expense and to Board of Trustees to report plans, etc. Commis sioners to assess charges for A 25-37 purposes. 75 Decision A 256 1873-4 256 A Warrants, if not paid the benefits which will result from such works, which charge must be collected and paid into the County Treasury as hereinafter provided, and must be placed by the Treasurer to the credit of the district, and paid out for the work of reclamation upon the warrants of the Trustees, approved by the Board of Supervisors of the county. 3457. The warrants drawn by the Trustees must, presented; after they are approved by the Board of Supervisors, be presented to the Treasurer of the county, and if they are not paid on presentation like indorsement must be made thereon, and they must be registered. interest. District Additional 73-4 Commis- to make Form of -75-4 lists. 3458. If a district is situated partly in different counties the charge must be paid into the Treasury of the county in which the particular tract may be situated. 3459. If the original assessment is insufficient to provide for the complete reclamation of the lands of the district, or if further assessments are from time to time required to provide for the protection, maintenance, and repair of the reclamation works, the Trustees must present to the Board of Supervisors by which the district was formed a statement of the work to be done and its estimated cost; and the Board must make an order directing the Commissioners who made the original assessment, or other Commissioners to be named in such order, to assess the amount of such estimated cost as a charge upon the lands within the district, which assessment must be made and collected in the same manner as the original assessment. 3460. The Commissioners appointed by the Board of Supervisors must make a list of the charges assessed against each tract of land. 3461. The list must contain: 1. A description by legal subdivisions or natural boundaries of each tract assessed; 2. The number of acres in each tract; 3. The names of the owners of each tract, if known, and if unknown, that fact; 4. The amount of the charge assessed against each tract. 3462. The list so made must be filed with the County Treasurer of the county; or, if the district is partly situated in different counties, then the original list must be filed in the county first in order under alphabetical arrangement, and copies thereof certified by the Commissioner must be filed with the Treasurer of each of the other counties. acquired 3463. From and after the filing of the list, or Lien certified copy thereof, the charges assessed upon any by filing tract of land within the county constitute a lien thereon. 3464. When the list or a certified copy thereof is filed, the Treasurer must credit each owner who has paid in full for his land with eighty cents per acre, less the amount deducted by the Register of the Land Office, under the provisions of section thirty-one of "An Act to provide for the management and sale of lands belonging to the State," approved March twentyeighth, eighteen hundred and sixty-eight. lists. Credit to be given to land. A 257 how made. 3465. The lists thus prepared must remain in the Payment, office of the Treasurer for thirty days, or longer, if ordered by the Board of Trustees, and during the time they so remain any person may pay the amount of the charge against any tract to the Treasurer, without cost. 3466. If, at the end of thirty days, or of the longer time fixed by the Trustees, all of the charges have not been paid, the Treasurer must return the lists to the -73-4 857934 Delinquent how charges, collected. |