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Sec. 2. [Legislative construction.] This act shall not be deemed to repeal any act vesting municipal corporations with power to license for revenue purposes.
History: Enactment approved March 23, 1901, Stats. and Amdts. 1900-1, p. 635; amended May 21, 1915, Stats. and Amdts. 1915, p. 723;
May 5, 1917, Stats, and Amdts. 1917, p. 279. In effect July 27, 1917. 8 3384.
the surveyor-general to purchase swamp
and overflow lands and he refers the contest 1. In general. Hawkers and peddlers
to the superior court for determination of may be placed in a class by themselves for
their respective rights to purchase, the prolicense purposes.-Ex parte Gilstrap, 171 Cal.
visions of this and $$ 3415, 3416, 3417 apply, 108, 152 Pac. 42.
and $ 3443 is not applicable. McLaughlin v. 2. —Purpose of act.-The occupation of Woolley, 28 Cal. App. 303, 151 Pac. 1164. hawkers and peddlers is one which from
-What adjudicated in contest.-A conearly times has been deemed a proper sub
test under this section does not estop the ject for special legislative control and re
state from claiming and showing that the striction, particularly in cities. The primary
land was reserved or that it was and is purpose for regulating this occupation should
dedicated to public use. The judgment in be to protect the public from imposition
such contest merely determines which from dishonest traders. It is probable, how
if either of the claimants is a qualified ever, that most regulations find their im
purchaser (not whether the law authorizes pulse in the demands of established shop
a sale of the particular land, but which keepers for protection from competition with
has the better right), and that the one found hawkers and peddlers. So that it may be
to be qualified and having the prior claim said that the purpose of regulating the
is entitled to purchase. The state is not occupation of peddling is to protect, on the
a party and public rights are not adjudione hand, fair traders, especially established
cated or concluded. — People v. California storekeepers residing permanently in cities
Fish Co., 166 Cal. 576, 138 Pac. 79. and towns and there paying rent and taxes for the local privilege, from being undersold
§ 3416. by itinerant persons, and, on the other hand,
1. to guard the public from fraud and imposi
Construction. This section and $ 3417 tion not infrequently practiced by such
apply to proceedings for the purchase of traders who have no known residence or
swamp and overflowed lands.-McLaughlin responsibility.-Ex parte Gilstrap, 171 Cal.
v. Woolley, 28 Cal. App. 303, 151 Pac. 1164. 108, 152 Pac. 42.
$ 3417. $ 3406a.
1. Construction.—This section and $3416 1. Construction.—It can not be held that
apply to proceedings for the purchase of the title of the state should be decreed
swamp and overflowed lands.-McLaughlin v. to have vested in the United States at the
Woolley, 28 Cal. App. 303, 151 Pac. 1164. date of the state's listing, because the state 2. What limitation as to time applicable.laws nowhere contemplate a gift to the Where two parties make application to the United States of any of these lands. Our surveyor-general to purchase swamp and law contemplates an exchange for equiva- overflow lands, and he refers the contest lent lands, and it can not be held that an to the superior court for determination of unauthorized acceptance by the United States their respective rights to purchase, the limland department of such listing by the state itation as to time referred to in this section with no further act on the part of
is applicable and not that fixed in $ 3443.United States can operate to divest or even McLaughlin v. Woolley, 28 Cal. App. 303, 151 to impair the title of the state.-Deseret Pac. 1164. Water, O. & I. Co. v. California, 167 Cal. 147, 138 Pac. 981.
1. Estate granted a defeasible one.MA $ 3408b.
sale and grant made under the provisions 1. Construction.—The prohibition of the of the Political Code, $$ 3440 to 3493 12, inclusale of state lands lying within a national sive, conveys to the grantee only a subordiforest reservation does not affect the power nate estate in the property, subject to the of a corporation entitled to exercise the public uses of navigation and fishery, and power of eminent domain to condemn such the state may, at any time, take such propland according to section 1240, subd. 2, of the erty for the purposes of navigation and Code of Civil Procedure.-Pacific Power Co. fishery, notwithstanding such grant.-Knudv. State, 32 Cal. App. 175, 162 Pac. 643.
son v. Kearney, 171 Cal. 251, 152 Pac. 541.
2. --Purpose of statute.-Sections of the 3414.
Political Code referred to were obviously not 1. Contest-Construction.—The contest re- made in pursuance of any plan for the disferred to herein is one where two or more position of tide lands considered unnecessary applicants claim the same land.-McLaughlin for purposes of navigation, or which it was V. Woolley, 28 Cal. App. 303, 151 Pac. 1164. deemed wise to sell in aid of navigation, 2. Where two parties make application to but were only incidental to the scheme
of the state to sell its swamp lands and other lands suitable for cultivation to private persons, and they were not enacted in the administration of the state's trust in tide lands for the purposes of navigation and commerce. — Knudson v. Kearney, 171 Cal. 251, 152 Pac. 541.
1. Construction—When special questions are referred.—The thirty-day limitation con
tained herein is only applicable to a suit brought where special questions are referred, and the provision for incorporating copies of affidavits in the complaint is only required when a reference of special questions is made under the provisions of this section.--McLaughlin v. Woolley, 28 Cal. App. 303, 151 Pac. 1164.
SWAMP AND OVERFLOWED LAND, SALT MARSH, AND TIDELANDS. $ 3446. Reclamation districts. Petition for formation of. $ 3447. Verification of petition; publication of petition. 3449. Proceedings on approval of petition. $ 3452. By-laws for government of district. Filing with county recorder. Amendment. $ 3453. Board of trustees of reclamation district; election of. $ 3454. Same. Powers of. § 3455. Board of trustees to report plans to supervisors.
3456. Commissioners to assess charges for reclamation.
8 3446. RECLAMATION DISTRICTS. PETITION FOR FORMATION OF. Whenever the holders of title or evidence of title representing one-half or more of any body of swamp and overflowed, salt marsh, or tidelands, or other lands subject to flood or overflow, susceptible 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 part thereof are situated, at a regular meeting of the board, a petition setting forth that they propose to form a district for the reclamation of the same. Said petition must also set forth the following:
(1) A description of the exterior boundaries of the proposed district.
(3) The names of each and every owner of record of real property situate within the said exterior boundaries.
(4) The county or counties within which said proposed district lies, and if in more than one county, the number of acres of said district in each county.
History: Enacted March 12, 1872; amended March 30, 1874, Code
8 3447. VERIFICATION OF PETITION; PUBLICATION OF PETITION. The petition must be verified by the affidavit of one of the petitioners, and must be published for two weeks preceding the hearing thereof in some newspaper of general circulation published in the county in which the greater part of the lands are situated, together with a notice of the time when said petition will be presented to the board of supervisors; an affidavit of publication must be filed with such petition.
History: Enacted March 12, 1872; amended April 5, 1911, Stats, and Amdts. 1911, p. 639; May 26, 1917, Stats, and Amdts. 1917, p. 1191. In effect July 27, 1917.
§ 3449. PROCEEDINGS ON APPROVAL OF PETITION. If the board of supervisors find, on the hearing of the petition, that its statements are correct, they must make an order approving the same. If it is shown that any land has been improperly included in the proposed district, they must, in their order, exclude the same therefrom. If the board shall conclude that any lands susceptible of the same mode of reclamation have been improperly omitted from the proposed district, and the owners thereof shall not have appeared at such hearing, the board of supervisors shall by order continue the further hearing of the said petition, and direct that notice shall be given to all such nonappearing landowners, requiring them to appear before said board, and show cause, if any they have, why their land should not be included in the proposed district. Said notice must be given either by publication in the same manner as the original petition and for the same period or by personal service thereon of each such nonappearing landowner. If such notice be given by personal service, such service must be made at least three days prior to the date fixed for said further hearing. Proof of publication of the said notice or of any such personal service shall be filed with the clerk of said board on or before the day to which such continuance is had. The board may grant
th continuances, by order entered upon its minutes to the end that a full hearing may be had.
[Petition approved.] Upon the final hearing of said matter the board shall make an order approving the said petition, as originally presented, or in a modified form. Such order shall describe the exterior boundaries of the district, as determined by the board, and shall be indorsed upon or attached to the petition, and be signed by the chairman and attested by the clerk of the board.
History: Enacted March 12, 1872; amended March 30, 1874, Code
8 3452. BY-LAWS FOR GOVERNMENT OF DISTRICT. FILING WITH COUNTY RECORDER. AMENDMENT. The owners of land embraced in the district, or those owning a majority in acreage thereof, must adopt by-laws, not inconsistent with the laws of the state, for the government and control of the affairs of the district. The by-laws thus adopted must be signed by the holders of certificates of purchase, patents, or other evidences of title, representing a majority in acreage of the land embraced in the district, and must be by them filed for record with the county recorder of the county, and by him recorded in a book kept by him for the purpose of recording instruments and writings relating to reclamation. By-laws thus adopted may be amended at any time in the same manner that the original by-laws were adopted.
History: Enacted March 12, 1872; amended March 30, 1874. Code
8 3453. BOARD OF TRUSTEES OF RECLAMATION DISTRICT; ELECTION OF. After the formation of the district and the adoption of by-laws the board of supervisors of the county where the greater part of the district is situated, on the application of any landowner of the district, must call an election in compliance with the provisions of section three thousand four hundred ninety-one of this code, at which election there must be elected under and in pursuance of the provisions of said section three thousand four hundred ninety-one, three eligible persons, each of whom must be the owner of record of land within the said district or a duly authorized representative of a corporation which is an owner of record; who shall constitute, when elected and qualified, the board of trustees of the district, for the man. agement of the affairs thereof, and who shall hold office until their successors are elected and qualified under and in pursuance of the provisions of said section three thousand four hundred ninety-one. From and after the election of said trustees said district shall be deemed organized and shall have power to sue and be sued.
[Proceeding to determine legality of district.] The trustees of any reclamation district may commence a proceeding in the superior court of the county where the greater portion of the district is situated to determine the legality of the existence of such district. The complaint in such proceedings shall describe the district by number and the exterior boundaries thereof, and shall contain a prayer that such district be adjudged a legal reclamation district. The summons in such proceeding shall be served by publishing a copy thereof for two weeks in some newspaper of general circulation published in each county where any part of said district is situated. Within thirty days after the last publication of said summons any person who may be interested may appear and answer said complaint, in which answer the facts relied upon to show the invalidity of the district shall be set forth. If no answer shall be filed, the court must render judgment as prayed for in the complaint. If any answer shall be filed, the court shall thereafter proceed as in other civil cases, but no district shall be adjudged invalid when it appears that such district has for five years prior to the commencement of such proceeding been prosecuting or maintaining its works of reclamation in good faith. The proceeding under this section is hereby declared to be a proceeding in rem, and the judgment rendered therein shall be conclusive against all persons whomsoever and against the State of California.
[No proceeding against district existing five years.] No proceeding in quo warranto, nor any similar action, or proceeding, shall be maintained in the name of the people of the State of California against any reclamation district that shall have continuously for five years next preceding the commencement of such proceeding been acting as such and prosecuting or maintaining its works of reclamation in good faith; provided, that this provision shall not affect proceedings that are now pending.
History: Enacted March 12, 1872; amended March 24, 1887, Stats. and Amdts. 1886-7, p. 238; February 14, 1899, Stats, and Amdts. 1899, p. 9; April 5, 1911, Stats. and Amdts. 1911, p. 640; May 26, 1917, Stats.
and Amdts. 1917, p. 1192. In effect July 27, 1917. 1. Reclamation district-Functions of trus- protected; the trustees constitute a contintees.--The functions of the trustees of a uing board charged with the duty of carryreclamation district are not confined merely ing on the affairs of the district, operating to the construction of the works necessary its pumps and other machinery, when necesto prevent the overflow and secure the drain- sary, and keeping in repair levees and age of land therein; the district is a per- ditches.-Meyer v. Reclamation District No. manent agency organized to keep the lands 17, 172 Cal. 104, 155 Pac. 635.
8 3454. SAME. POWERS OF. A. Said board of trustees shall have powers and duties as follows, to wit:
(1) To keep an office in or near the district for the transaction of the business thereof, and the books, maps, papers, records, contracts, and all other documents pertaining to the affairs of the district must be open to inspection at all times by any person interested.
(2) To elect one of its members president of said board of trustees.
(3) [Secretary.) To elect one of its members or any other person secretary of said board of trustees. It shall be the duty of the secretary to have charge of the office of the board of trustees and to keep the minutes of all meetings and to attest all documents requiring the signature of the president and to keep true and accurate accounts of all expenditures made in behalf of said district, which accounts, and all contracts that may be made by the said board of trustees shall be open to the inspection of the board of supervisors and every person interested.
(4) [Money from reclamation board.] To receive from the reclamation board any money allowed on account of uncollected assessments previously levied on lands purchased by said board for rights of way, and to distribute said money among the landowners of said district in proportion to their payments on the last assessment roll or place the same in the county treasury to the credit of said district.
(5) [Revolving fund.] To create by order duly entered in the minutes of the board of trustees a revolving fund. No warrant for creation or replenishment of this fund shall be paid by the county treasurer unless a bond in double the amount of said fund, signed by the members of the board of trustees with sureties and conditioned as security for the safety and proper disbursement of said fund, approved by the board of supervisors, shall be on file with the county treasurer. Said fund shall be disbursed by checks or drafts, signed by at least two members of the board of trustees, or some person by unanimous vote of the board of trustees authorized to do so. The board of trustees shall within thirty days after any payment from this fund file the vouchers therefor in the office of the county treasurer retaining a duplicate thereof in the office of the secretary of the board of trustees. The board of trustees shall have authority by order entered in the minutes of said board to issue warrants for the creation and replenishment of said fund. No warrant for the replenishment of said fund shall be approved by the board of supervisors or paid by the county treasurer, except to the extent that proper vouchers for previous legal disbursements from said fund have been filed with the county treasurer as herein before provided. Said fund shall not exceed the sum of two thousand dollars. The order creating said revolving fund must receive the unanimous vote of the board of trustees.
[Action by landowner.] Any landowner within the district may maintain an action for the benefit and in behalf of the reclamation district in the superior court of the county in which the district, or any part thereof is situated against any member or members of the board of trustees for any improper disbursement of the funds of the district made with his or their consent and also against the members of the board of trustees and their sureties upon the said bond for any improper disbursement from said revolving fund.
(6) To employ engineers and others to survey, plan, locate and report on the works necessary for the reclamation of the lands of the district, and estimate the cost thereof; thereafter, at any time, modify or change such original plan or plans, or adopt new, supplemental, or additional plan or plans, when, in its judgment, the same shall become necessary.
(7) [Rights of way, etc.) To acquire by purchase, condemnation, gift, or other legal means, whatever real property, rights of way, materials, or labor that it shall deem necessary for the construction of the works of reclamation or necessary or useful in connection with carrying out the original plan or plans of reclamation or any supplemental or additional plan of reclamation.
(8) [Canals, sluices, etc.) To acquire by purchase, condemnation, gift, or other legal means, such drains, canals, sluices, bulkheads, water gates, levees, embankments, pumping plants, and to purchase, construct, or otherwise acquire, maintain, and keep in repair all things reasonably necessary or convenient for the reclamation of the lands embraced in said district either within or without the boundaries of the district.
(9) [Labor and machinery.) To employ such labor and to purchase and operate or hire such tools, machinery, material and equipment and to make and enter into such contracts and agreements as they shall deem necessary in order to accomplish the proper construction, maintenance, repair or operation of the works of reclamation of the said district.
(10) [Disposal of property.) To sell, convey, transfer, lease to others or otherwise dispose of such real or personal property belonging to the said district which said board of trustees shall find no longer necessary for the construction, maintenance or operation of the works of reclamation of said district; also to lease to others or to operate for hire any tools or machinery belonging to the said district which is not at the time needed by the district.