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with his seal of office affixed this
President of said board. Attest: Auditor of the county of ....
State of California. [Form of interest coupons.] And the interest coupons may be substantially in the following form: No. .... The county treasurer of
county, California, will pay to the holder hereof on the
19..., at his office in said county of
the sum of $
in gold coin of the United States out of the funds of Reclamation District No.
for interest on bond of said district numbered
County auditor. [Sale of bonds.] The treasurer of said main county shall place the bonds prepared pursuant to this act to the credit of the district. Thereafter when directed by resolution of the trustees of the district, the treasurer of said county may sell the whole or any designated number of said bonds for the best price obtainable therefor, but in no event for less than ninety per cent of the face value of said bonds and the accrued interest thereon,
[Notice of sale of bonds.] Before making a sale of said bonds, notice shall be given by the said county treasurer by publication at least once a week for two weeks in a newspaper of general circulation published in said main county, that he will sell a specified amount of said bonds, and stating the day, hour and place of such sale, and asking sealed proposals for the purchase of said bonds, or any part thereof. At the time appointed the county treasurer shall open the bids and award the bonds to the highest responsible bidder. He may, and upon written request of a majority of the trustees must, reject any and all bids. Any sale by the county treasurer and delivery of the bonds thereunder shall be conclusive evidence in favor of the purchaser and all subsequent holders of the bonds that such sale was made upon due authority and notice. The proceeds of sale of said bonds shall be placed in the county treasury to the credit of said district, and a proper record of such transaction shall be made upon the books of said county treasurer.
[Action to determine bonds legal obligation.] At any time within thirty days after said bonds shall have been delivered to the treasurer of the county, an action may be commenced in the superior court of said main county by the trustees of said reclamation district in its name against the lands in said district and all persons owning the same or interested therein, to have it determined that said bonds are a legal obligation of such reclamation district, and in the event no such action is brought then the same may be commenced by any landowner in the district within thirty days thereafter. It shall be sufficient to describe said lands as all lands in the district (naming it) without a more specific description. The summons shall be published once a week for two weeks in some newspaper of general circulation published in the county where the action is pending.
[Answer to complaint.] Within thirty days after the first publication of summons any owner of land in such district, or any person interested, may appear and answer the complaint, which answer shall set forth the facts relied upon to show the invalidity of said bonds. The default of all defendants not so appearing may be entered. Such action shall be given precedence in hearing and trial over all other civil actions in such court, and judgment rendered declaring such matter so contested either valid or invalid. Any party not in default may ve the right to appeal to the supreme court within thirty days after entry of judgment. Judgment for the plaintiff in such proceedings shall be considered as a judgment in rem and shall be conclusive against said district and against all lands therein and all owners thereof and other interested persons.
[Warrants.] The board of trustees of said district may draw warrants upon the said county treasurer against the funds provided by sale of bonds, which said warrants shall be approved by the board of supervisors of said main county.
[Money paid to county treasurer.] All moneys collected by any county treasurer upon any assessment upon which bonds shall have been issued, including all moneys derived from sale of land for delinquent installments, or from redemption thereof, or from sale of lands bought by the treasurer at any such sale, shall be by such treasurer forthwith paid into the main county treasury to the credit of the bond fund of such reclamation district, and shall be used exclusively for the payment of principal and interest of said bonds issued on such assessment.
[Bonds legal investment.] The bonds of reclamation districts issued pursuant to this act which have been investigated and certified by any officer of this state now or hereafter authorized to make such investigation and certification and by the authority of which certification are declared to be legal for investments by savings banks of this state may be lawfully purchased, or received in pledge for loans by savings banks, trust companies, insurance companies, guardians, executors, administrators and special administrators, or by any public officer or officers of this state or of any county, city or city and county or other municipal or corporate body within this state having or holding funds which they are allowed by law to invest or loan.
(Special election.] If the trustees deem it advisable they may order a special election to be held prior to making an assessment, to determine whether or not bonds shall be issued for an amount to be stated in the order for such election, but no bonds shall, in such instance, be issued until an assessment for the amount of the bonds authorized at such election shall have been made and filed with the county treasurer.
[Additional assessment.] The lien of any unpaid assessment upon which bonds shall have been issued shall continue until all said bonds shall have been paid in full, and if for any reason any part of such principal or interest of said bonds shall remain unpaid after enforcement of said assessment as in this article provided, the board of supervisors of the main county shall order an additional or supplemental assessment to be made as provided in section three thousand four hundred fifty-nine, sufficient to pay such unpaid principal and interest; which additional or supplemental assessment shall be enforced and collected in the same manner as the original assessment.
[Additional bonds.[ If any district having authorized the issuance of a series of bonds shall issue an additional series of bonds based on another assessment, the dates of maturity of such additional series of bonds shall be such that the latest maturities thereof shall not exceed thirty years and the earliest maturity of bonds of such additional series shall be later than the latest maturity of bonds of any earlier series. All provisions of this section relative to the original issue of bonds shall apply to such additional series of bonds so far as applicable and also so far as applicable shall affect existing reclamation districts as well as those hereafter formed.
[Bonds in different denominations.] Any district which has issued bonds of different denominations, may, by an order entered in its minutes, upon request of holders thereof, and upon the deposit of the bonds issued and outstanding with the board of trustees, issue to the holders of such deposited bonds, bonds of the district in the same form but in different denominations, but having the same aggregate face value and maturity. Such bonds shall be executed by all of the persons who are required by law to execute the original bonds for which such exchange is made, and the said bonds so deposited shall be thereupon canceled by the treasurer of the main county and the board of trustees of the district.
Whenever in any reclamation district in the state a bond issue of said district has been authorized prior to this amendment then the provisions of this section hereby amended in respect to the manner of procedure by which the assessments are called in to meet payments on account of principal or interest of such bonds, and also the provision herein contained by which the assessment shall continue in full force and effect as constituting a lien upon the several tracts of land within said district under the provisions of section three thousand four hundred sixty-three of this code until the principal and interest of all bonds issued on the basis of said assessment shall have been paid in full, shall apply to and inure to the benefit of the bonds which may have been issued by any reclamation district in this state prior to the date of the enactment of this amendment.
[Warrants accepted.] Upon a sale of any of the bonds provided herein the county treasurer of the main county is hereby authorized to accept in payment for said bonds, either in whole or in part, outstanding warrants of such district at their face value, together with the accrued interest thereon.
[Interest on unpaid assessments.] Where bonds of the district have been authorized to be issued on such assessments all unpaid assessments shall bear interest at the rate of seven per cent per annum from the date of the bonds issued thereon until such bonds shall have been fully paid and discharged, and the interest due at any time on said unpaid assessments may be called without calling any installment of the said assessment. The word installment as used in this section shall be construed as applying to interest as well as the principal as the case may be.
[Estimate of amount to pay interest and principal.) At least ninety days before any interest date of the bonds, the county treasurer of the main county shall estimate the amount of money necessary to pay interest and principal maturing on such interest date after crediting thereon the funds in the treasury applicable to the payment thereof, and shall add thereto fifteen per cent of such aggregate sum to cover possible delinquencies, and said county treasurer shall thereupon cause to be published once a week for two weeks in some newspaper of general circulation published in said county a notice substantially in the following form:
[Form of notice.] (Name of reclamation district.) Notice is hereby given that an installment of assessment (describing it) of (amount or proportion thereof including interest thereon or only for interest) is payable within thirty days from (date) by all assessed landowners of said district in the county of (name of county) to the treasurer of said county. All or any part of said installment or interest which shall remain unpaid on the (day fixed) will be delinquent, together with accrued interest thereon, with twenty per cent of such installment and interest added as penalty. Dated (date).
county. If no newspaper is published in said county, such publication shall be made in a newspaper published in an adjoining county.
[Delinquent installments.] If any part of such installment or any interest thereon shall remain unpaid at the expiration of thirty days from the date of said notice, it shall become delinquent and twenty per cent of the unpaid amount of said installment and interest shall be added thereto and collected by said treasurer.
[Publication of notice.] When any installment shall have become delinquent, said treasurer shall within ten days publish once a week for two weeks in a newspaper of general circulation in said county (or if no newspaper is published therein, then in a newspaper published in an adjoining county), a notice containing a description of each parcel of land assessed in the district in said county whereon such installment is delinquent, as such description appears on the assessment list, the name of the person to whom it is assessed, to unknown owners if such is the fact; the amount of the installment delinquent on such parcel, the amount of interest thereon reckoned to the day of sale, the amount of said twenty per cent penalty thereon, and a notice that each of said parcels will be sold at public auction by said county treasurer in front of the courthouse of said county, at a specified day and hour which shall not be less than thirty days nor more than sixty days from the date of delinquency, to pay said delinquent installment, with said accrued interest and penalty.
[Sale of land. Payment in bonds.] At the time stated in said notice, the county treasurer shall sell each parcel of land described in said notice to the highest bidder, unless prior thereto he shall have received payment in full of said delinquent installment together with such interest and penalty. No bid for any parcel shall be accepted less than the aggregate sum then due on said installment thereon, with interest and penalty, and such sale shall be made for cash (except the treasurer may receive from any purchaser at their face value in lieu of cash, bonds of said district or their interest coupons, issued on said assessment and then matured or to mature within sixty days after such sale). Any bond or coupon so received in payment shall be by the treasurer forthwith canceled and filed in the office of the treasurer of the county wherein the greater part of the land of the district is situated, hereinafter called the main county. If the entire amount of any such bond or coupon tendered in payment shall not be required to complete payment of the purchase money, the treasurer shall indorse thereon as paid, the amount of such purchase money credited thereon.
[Sale to treasurer.] If no bid is made for any parcel at such sale equal to the amount of the installment delinquent thereon, with interest and penalty, the treasurer shall bid in and sell said parcel to himself and his successors in office, as trustee of the bond fund of said district, as purchaser, for the amount of said installment, interest and penalty. The treasurer shall execute to each purchaser, including himself as trustee, a certificate of sale, and shall record a duplicate in the county recorder's office.
[Redemption of property]. Any person interested in the said property may redeem the same at any time within one year after the date of sale, by paying to the county treasurer for such purchaser a sum equal to the purchase price stated in the certificate, with interest thereon at the rate of twelve per cent per annum from the date of sale to such redemption. If no redemption shall be made within one year, the treasurer upon demand and surrender of such certificate of purchase, shall execute to the purchaser, his heirs or assigns, a deed of conveyance of the parcel of land described in such certificate, which deed shall convey to the grantee therein named the said land free and clear of all encumbrances, except state, county and municipal taxes, and except any portion of any reclamation assessment remaining unpaid at the date of said sale; each installment whereof may be called and collected as herein provided, except that no parcel sold and conveyed to the district shall thereafter be subject to sale by the treasurer for delinquent installments. Every deed by a county treasurer purporting to be executed under this section shall be prima facie evidence of the truth of the matters therein recited, and of ownership by the grantee of the lands therein described.
[Moneys credited to bond fund.] The treasurer of the main county shall credit to the bond fund of the district all money collected by him by sale or otherwise, upon assessments against which bonds shall have been issued, including interest and penalties, and all moneys received by him from treasurers of other counties upon account of such assessments, and he shall likewise credit to said fund the amounts of purchase money paid in bonds or coupons on sales made for said assessment by himself or reported to him by any other treasurer. Each treasurer shall charge to the general fund of the district, or to its bond fund if he has no money to the credit of its general fund, the expense of publication of notices and of recording certificates of sale.
[Moneys, etc., transmitted to treasurer of main county.) The treasurer of any county other than the main county shall without delay account for and transmit to the treasurer of the main county all money collected by him upon any assessment by sale or otherwise, deducting his expenses of publication and recording and shall also transmit all canceled bonds and coupons received in payment on any delinquent sale, and a memorandum of all sums indorsed as paid upon account of purchase money on any bonds or coupons, specifying the same. All moneys collected by any treasurer upon account of an assessment on which bonds shall not have been issued shall be similarly accounted for and transmitted to the treasurer of the main county, and shall be credited by him to the general fund of the district.
[Sale of land purchased by treasurer.] Any parcel of land bid in and purchased by a treasurer as aforesaid, as trustee of the bond fund of the district, may be sold and conveyed by him or his successor in office at any time after the expiration of said redemption period of one year, at public or private sale and with or without notice, to any person paying him the amount for which said parcel was bid in by said treasurer at delinquent sale, with interest thereon at the rate of seven per cent per annum, compounded yearly, from the date of said delinquent sale, and also the amount of all subsequent installments then delinquent, with accrued interest and penalties thereon. Such payment may be made either in cash or in matured bonds and coupons issued on said assessment, taken at their face value, and the treasurer shall execute a deed to such purchaser upon such sale, conveying said property free of encumbrance except state, county and municipal taxes, and the unpaid balance of said assessment.
[Sale at public auction.) If any land so held by a county treasurer as trustee of the bond fund of a district shall remain unsold after the final installment of the assessment shall have been collected by payment or sale, then each such treasurer shall sell all said land so held by him at public auction to the highest bidder for cash, upon two weeks published notice, and shall deposit the proceeds of such sale in the treasury of the main county, to the credit of the bond fund of the district.
[Balance transferred to general fund.] Any balance remaining in such bond fund, after payment in full of the principal and interest of all outstanding bonds of the district, shall be by the treasurer transferred to the general fund of the district.
[Change in ownership.] In the event that ownership of any property in the district is changed after the making of the last assessment roll for the district, the owner thereof shall be entitled to vote thereon upon production of the original or of certified copy of the record thereof in the office of the county recorder of the county in which the property is situate.
[Illegal voting.) Any person not legally qualified to vote who shall make any false statement in respect to his right to vote shall incur all of the penalties provided in the Penal Code of the State of California for persons illegally voting at elections.
History: Enacted March 12, 1872;. amended April 5, 1911, Stats. and Amdts. 1911, p. 648; May 26, 1917, Stats. and Amdts. 1917, p. 1181.
In effect July 27, 1917. 8 3488.
eral) v. California Fish Co., 166 Cal. 576, 138 1. Construction.-The Political Code was
Pac. 79. enacted in 1872 by the same legislature
2. Upon construing this section and 3493m under which Wilmington was incorporated.
together, the validating clause of this secPrior to 1901 this section excluded from
tion purporting to validate all previously operation thereof all tide lands or swamp
issued patents for “any lands as swamp and lands within any incorporated city or town,
overflowed lands which belonged to any of Section 3 of article XV of the constitution
the classes described in section 3493m of 1879 says: "All tide lands within two
whether or not such lands were segregated miles of any incorporated city or town in
or sectionized" must be held to apply only this state, and fronting on the waters of
to unsegregated swamp lands, as those unany harbor, estuary, bay, or inlet used for
covered by the recession of the waters of the purpose of navigation shall be withheld
Tulare Lake for which patents may have from grant or sale to private persons, part
issued, and not the segregated swamp lands nerships, or corporations." The act incor
throughout the state.-People (ex rel. Attorporating Wilmington was repealed in 1887.
ney-General) v. California Fish Co., 166 Cal. If, in point of law, Wilmington was
576, 138 Pac. 79. incorporated town within the above mean- 3. Some light is thrown on the meaning ing of the code and constitution during the
of "any lands as swamp and overflowed interval between the passage and repeal of which belonged to any of the classes dethe law (and this is answered affirmatively)
scribed in section thirty-four hundred and then all proceedings to purchase the lands,
ninety-three-m, whether or not such lands taken in that interval, would be invalid
were segregated or sectionized" by the folwith respect to land within the two-mile
lowing section, which indicates that some limit.-People (ex rel. Attorney-General) v.
of the uncovered land had been segregated California Fish Co., 166 Cal. 576, 138 Pac. 79.
by the United States as swamp and over
flowed land prior to the passage of this $ 3493s.
act and declares that official plats thereof 1. Construction.--This statute as now in- are to be deemed valid.-People (ex rel. Atcorporated in this section and formerly sec- torney-General) v. California Fish Co., 166 tion 8 of the act of 1893 does not apply to Cal. 576, 138 Pac. 79. tide lands.---People (ex rel. Attorney-Gen