and all additional interest falling due January first, A. D. one thousand nine hundred eighteen, be paid on or before June thirtieth, A. D. one thousand nine hundred eighteen, the lands in said statements described, together with all moneys previously paid on account of the purchase price thereof, whether for principal or interest, will be forfeit to the state in accordance with the provisions hereof, and that all such certificates of purchase will become ipso facto null and void. He shall thereupon cause each such statement, together with such demand and notice, to be published once a week for four weeks successively in some newspaper published in the county wherein the lands described in such statement are situate, or, if there be no newspaper published in such county, such publication shall be made in a newspaper published in an adjoining county.

§ 8. Copies sent to county officers and persons interested in lands. Duty of assessor. In addition to such publication, the register shall, not later than October fifteenth, A. D. one thousand nine hundred seventeen, forward copies of such statements, demands and notice, by registered mail to the treasurer and to the auditor and to the assessor of each county wherein any of said lands may be situate, and shall likewise forward by registered mail to each person shown by the records of his office to have any interest in any of such lands, either as purchaser, or as assignee, grantee, distributee, or other successor in interest of such purchaser, a copy of so much of said statements as pertains to the lands wherein such person may appear to have any interest, together with such demand and notice, directed to such person at his last known place of residence or of business as the same appears upon the records of the register's office.

It shall be the duty of each county assessor to whom a copy of any such statement shall be sent, immediately upon receipt thereof, to cause the same to be carefuly compared with the records of assessments in his office of all tracts of land appearing in such list, and in the event it shall appear from such comparison that any person or persons whose names are not included in the register's statement are shown by such assessment records to have any interest in any part of the lands described in such statement, the assessor must forthwith return, by registered mail, to the register of the state land office a statement containing a description of the land affected and the names and addresses, as the same appear upon his records, of all persons appearing to have any interest therein and not included in the register's statement. In every such case the assessor must return his statement to the register within ten days after the receipt by him of the register's statement. Upon receipt of any such return the register shall without delay, forward to each person therein named, in the same manner as above provided, a copy of so much of said statement as pertains to the lands wherein such person is shown by the assessor's return to have any interest, to which shall be appended such demand and notice.

§ 9. Costs. The sum of three dollars to cover the costs of such publication and of such mailing is hereby imposed upon the owner or owners of each such certificate of purchase, as well as upon each person

za have acquired by purchase an interest in all or some portion heads in such certificate described, but to whom the certificate

er been surrendered, and it shall be the duty of the treasurer saca county wherein any part of such land may be situate to require hayment of such costs, in all cases, in addition to the delinquent erest, and penalty, if any, and to account for the same in his settlemes with the state controller and treasurer, who are hereby authorized sąd directed to pay all sums so collected for costs into the general fund of the state treasury.

§ 10. Notice of forfeiture. Immediately following the thirtieth day of June, A. D. one thousand nine hundred eighteen, the register shali note upon the records of his office the forfeiture herein and hereby declared, and shall forward to the recorder of each county wherein any of said lands may be situate a notice of such forfeiture, in which there shall be embodied the same data required by section two hereof, supplemented by a statement of the costs, penalties and additional interest accrued at the date of forfeiture. It shall be the duty of the recorder to receive and file such notice and to record the same in a book of deeds. Such notice from the time it is filed with the recorder for record is constructive notice of the contents thereof to subsequent purchasers and mortgagees and to all other persons who may thereafter attempt to acquire any interest in, or lien upon, any of the lands in such notice described. In the event any additional forfeiture shall occur on the first day of January, A. D. one thousand nine hundred nineteen, as provided in section four hereof, the register and each county recorder shall proceed with respect to such lands as before, and with like force and effect.

§ 11. Action to annul forfeiture. In the event any land shall be forfeited under the provisions hereof upon which all interest, costs, penalties and accruing interest had been actually paid prior to such forfeiture, though for any reason not properly credited, the person or persons having a beneficial interest therein may, within one year following the date of such forfeiture, commence an action in the superior court of the county of Sacramento against the register of the state land office for the purpose of having such forfeiture annulled and set aside. And if it be proven to the satisfaction of the court, at the trial of such action, that such payment was in fact made prior to the date upon which such forfeiture occurred, the court shall render judgment annulling and setting aside such forfeiture, and thereupon the plaintiff or plaintiffs in such action shall be restored to his or their former estate in said land, upon making payment of all interest accruing thereon to the date of restoration.

§ 12. Right of state to enforce payment. This act is cumulative and shall not be construed to deny to the state the right to institute any legal proceedings that may be deemed necessary to enforce the payment of all such delinquent interest, or to procure judgments foreclosing the interests of any and all persons in any of such lands, and annulling any or all of such certificates of purchase. Nor shall anything herein contained ever be deemed, held or construed to give to or confer upon the

holder or holders of any of such certificates of purchase, as against the state of California, any other or greater right to any land therein described than is now possessed by the holder or holders of such certificates.

§ 13. Appropriation. The sum of four thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any money in the state treasury not otherwise appropriated, to be used in accordance with law to defray the costs of the publication and mailing herein provided for.

ACT 2875g.

An act to determine and to declare the effect of state land patents in certain cases.

[Approved May 17, 1917. Stats. 1917, p. 570. In effect July 27, 1917.]

§ 1. Quitclaim deed not in effect if restitution not made. Whenever any person has, in conformity to the provisions of existing law, conveyed any land to the state of California by quitclaim deed, duly executed, delivered, and accepted by the register of the state land office, for the purpose of receiving restitution of the purchase price thereof, as provided by law, and such restitution has not been made, and a patent for such land shall thereafter issue in the name of the original purchaser, the title granted by such patent shall vest in, and inure to the benefit of, such original purchaser, his heirs, assigns, and successors in interest, notwithstanding the execution, delivery and acceptance of such quitclaim deed, as fully and completely as if such quitclaim deed had never been made, executed, delivered, or accepted.

§ 2. Certificate of register of state land office. Upon the issuance of such patent, the register of the state, land office shall make and issue to the patentee therein named, his heirs, assigns, and successors in interest, a certificate under the seal of his office, reciting the making, execution, delivery and acceptance of such quitclaim deed, and further reciting the fact that no restitution of the purchase price of such land was made. Upon the presentation of such certificate to the county recorder of the county wherein such land is situate, it shall be the duty of the recorder to record the same in a book of deeds in the records of such county.

ACT 2875h.

An act authorizing the state board of control for and on behalf of the state of California to retransfer a certain tract of land back to original owners. [Approved May 28, 1917. Stats. 1917, p. 1282. In effect July 27, 1917.]

This act authorized the transfer of certain lands in Glenn County to Ella Glenn Leonard, F. B. Glenn and C. H. Glenn.

ACT 2884.

An act to provide for the acquisition by municipalities of land for public park or playground purposes by condemnation, and for the establish

ment of assessment districts and the assessment of property therein to pay the expenses of acquiring such land.

[Approved April 22, 1909. Stats. 1909, p. 1066.]

Amended, Stats. Ex. Sess. 1911, p. 17; 1913, p. 414; 1917, p. 205. § 4. Protests. Contents. Protest signed by owners of majority of frontage. Protest not signed by owners of majority of frontage. Any person interested, objecting to said improvement, or to the extent of the assessment district described in said ordinance of intention, may file a written protest with the clerk of the city council, within thirty days after the first publication of the notice required by section three of this act. Every such protest must contain a description of the property in which each signer thereof is interested, sufficient to identify the same. and must set forth the nature of his interest therein, and must be accompanied by the affidavit of one of the signers thereof that each signature thereof is the genuine signature of the person whose name is thereto subscribed; and in case any signature is made by an agent, there must be attached to the protest the affidavit of the agent that he is duly authorized to sign such protest. Any protest not complying with the foregoing requirements, shall not be considered by the city council. In the case of property held by tenancy in common, if any cotenant sign such protest, only the proportionate share of the frontage thereof represented by his interest therein, shall be counted in determining the amount of frontage represented by such protest. The clerk shall indorse on every such protest the date of its reception by him, and at the next regular meeting of the city council, after the expiration of the time for filing protests, shall present to said city council all protests so filed with him. If such protests are against said improvement, and said city council at said meeting or at any other time to which the hearing of said protests may be adjourned, finds that the same are signed by the owners of a majority of the frontage of the property fronting on streets or parts of streets within said assessment district, all further proceedings under said ordinance of intention shall be barred, and no new ordinance of iutention for the same improvement shall be passed within six months after the presentation of such protests to the city council, unless the owners of a majority of the frontage of the property fronting on streets or parts of streets within said assessment district shall, in the meantime, petition therefor. If such protests are against the improvement and the council finds that they are not signed by the owners of a majority of the frontage of the property fronting on streets or parts of streets within the assessment district, or if such protests are only against the extent of the assessment district, the council shall hear said protests at said meeting, or at any time to which the hearing thereof may be adjourned, and pass upon the same, and its decision shall be final and conclusive. If such protests are sustained, no further proceedings shall be had under said ordinance of intention, but a new ordinance of intention for the same improvement may be passed at any time. If such protests are denied, the proceedings shall continue as if such protests had not been made. At the expiration of the time within which protests may be filed, if none are filed, or if protests are filed, and after hearing are denied, as above

provided, then upon such denial, the city council shall be deemed to have acquired jurisdiction to order the improvement described in the ordinance of intention.

§ 24. Deed to purchaser. Service of notice by street superintendent. At any time after the expiration of twelve months from the date of sale, the street superintendent must execute to the purchaser, or his assignee on his application, if such purchaser or assignee has complied with the provisions of this section, a deed of the property sold, in which shall be recited substantially the matters contained in the certificate, also any assignment thereof, and the fact that no person has redeemed the property. The street superintendent shall receive from the applicant for a deed, one dollar for making such deed, unless the municipality is the purchaser, in which case no charge shall be made therefor, and at least thirty days before the deed is executed the street superintendent must serve upon the owner of the property, and upon the occupant of such property if the same is occupied, a written notice, setting forth a description of the property that said property has been sold for a delinquent assessment (specifying the improvement for which the same was made), the amount for which it was sold, the amount necessary to redeem at the time of giving notice and the time when the deed will be executed to the purchaser or assignee. If the said owner cannot be found, after due diligence, said notice must be posted by the street superintendent in a conspicuous place upon said property, at least thirty days before the time stated therein, at which the deed will be executed. The street superintendent must file with the city clerk an affidavit or affidavits showing that notice of such application has been given, as herein required, and if the notice was not served on the owner of the property personally, that due diligence was used to find said owner. If redemption of the property is made after such affidavits are filed, and more than eleven months from the date of sale, the person making such redemption must pay, in addition to the other amounts required, three dollars for the service of notice and the making of such affidavits, which amount shall be paid over to the street superintendent and by him paid into the city treasury. No deed for any property sold for delinquent assessment shall be made until all the provisions of this section have been complied with.

АСТ 2886.

TITLE 440.
PUBLIC UTILITIES.

An act to provide for the organization of the railroad commission, to define its powers and duties and the rights, remedies, powers and duties of public utilities and their officers, and the rights and remedies of patrons of public utilities, and to provide penalties for offenses by public utilities, their officers, agents and employees and by other persons and corporations, creating the "railroad commission fund" and appropriating the moneys therein to carry out the provisions of this act, and repealing Title XV of Part IV of Division First of the Civil