Surveys to be made in accordance with the expiration of such time appoint some person to make the same, and the survey so made, if made within thirty days. after such appointment, must be filed and recorded in the Surveyor General's office, and is as valid as if made by the County Surveyor. SEC. 3421. All surveys must be made according to the instructions of the Surveyor General, and must conform of Surveyor as near as practicable to the lines of the public surveys. instructions General. County Register. SEC. 3422. Upon the first day of every month the to report to County Treasurer must make a report to the Register of all moneys received for land during the preceding month, showing the number of the location or survey, the name of the purchaser, and the amount paid since the date of his last report, whether as principal or interest, which amounts must be entered in the columns belonging to the particular class of land upon which each payment has been made. The payment of the fee for the certificate.of purchase must also be entered in the proper column, and the Treasurer must then send the report to the Auditor, who must compare the items with the account of the Treasurer; and if the same agrees with his entries, countersign the report and return it to the Treasurer. Duty of Register on receipt of report. Quarterly reports of the County Treasurers. Treasurers to pay over SEC. 3423. These reports must be forwarded to the Register at once, and upon receipt thereof the Register must enter the payment so reported to the credit of the purchaser in the books of his office. He must notify the County Treasurer of the receipt of his report, and if it is not correct, return it for correction. SEC. 3424. At the end of each quarter the County Treasurer must report to the Controller of State the sum which has been received during the quarter upon each class of land; which report must be referred to the Register for examination and comparison with the books of his office. SEC. 3425. When the Register certifies to the correctness of the report it must be returned to the ConException. troller, who must thereupon make his settlement with the County Treasurer, who must pay over to the Treasurer of State all moneys, Controller's warrants, or other evidences of State indebtedness which he may have received in payment for such lands, except as provided in the next section. SEC. 3426. The County Treasurer must retain all moneys arising from the sale of swamp and overflowed lands, and place the same to the credit of a Fund known as the " Swamp Land Fund" of the county. how and when SEC. 3427. The County Treasurer must compute inter- Interest, est on all sales from the date of the approval of the computed survey, or the date of the certificate of location, to the payable. first of January following such date; or if for lands already purchased, then up to the first of January following the day upon which the interest falls due; after which time all payments of principal or interest fall due on the first day of January. SEC. 3428. The County Treasurer is entitled to retain one per cent of all moneys paid him for lands under the provisions of this Article, and the Auditor is entitled to one per cent on amounts certified to by him as provided in section ninety-six, which he must receive from the Treasurer, and his receipt therefor is a voucher for the Controller of State in his settlement with such Treasurer. When the Auditor or Treasurer receives a salary as Auditor or Treasurer, the percentage must be paid into the County Treasury. Compen- sation of Treasurer and Auditor. General and SEC. 3429. The Surveyor General and Register must Surveyor issue all instructions, and prepare and have printed all blank forms necessary to carry into operation the provisions of this Chapter. Register structions prepare printed forms. ARTICLE II. SWAMP AND OVERFLOWED, SALT MARSH, AND TIDE LANDS. SECTION 3440. Swamp lands, etc.; price and manner of payment. 3441. Surveys not to be approved until land segregated. SECTION 3442. Settlers preferred purchasers for ninety days. 3443. Applications for purchase of swamp, etc., land. Affi davit, what to contain. 3444. If made by female, what. 3445. Where filed, and duty of County Surveyor. 3446. Petitions for formation of reclamation districts. 3147. Same. 3448. When the district is situated partly in different counties. 3449. Proceedings on approval of petition. 3450. Petition, when to be recorded. 3451. Duty of Register on receipt of copy. 3453. By-laws must be signed and recorded. 3455. Board of Trustees to report plans, etc. 3456. Commissioners to assess charges for reclamation pur poses. 3457. Warrants, how presented; if not paid to draw interest. 3458. District situated partly in different counties; charges, where paid. 3459. Additional charges may be assessed. 3460. Commissioners to make assessment lists. 3461. Form of lists. 3462. Lists how and where filed. 3463. Lien acquired by filing lists. 3464. Credit to be given to owner of land. 3465. Payment, how made. 3466. Delinquent charges, how collected. 3467. Work of reclamation to be done under direction of Trustees. 3468. Accounts to be kept open to inspection. 3469. Subsequent purchasers governed by by-laws. 3470. Rights of purchasers. 3471. Property may be condemned for reclamation purposes. 3472. Owners may reclaim without intervention of Trustees. 3473. Their powers and duties. 3474. When works of reclamation are in progress, interest to cease. 3475. When work is completed, statement to be filed and moneys paid over. 3476. Three years after completion of work, Commissioners to be appointed to examine it. 3477. If lands have been reclaimed, patent to issue. 3478. Old districts may reorganize under this Chapter. tax to pay the same. 3480. Bonds and warrants redeemed may be used by Trus tees in purchase of land in district. SECTION 3481. Owners of lands in old districts may have their lands set off in separate district. 3482. Same. 3483. Districts, how designated. 3484. In Sacramento, Supervisors may employ Clerk. 3485. Payment on lands held for five years, when to be made. ages, when. 3487. Same. 3488. Certain lands excepted from the provisions of this Chapter. SEC. 3440. The swamp and overflowed, salt marsh, and tide lands belonging to the State must be sold at the rate of one dollar per acre, in gold coin, payable, twenty per cent of the principal within fifty days from the date of the approval of the survey by the Surveyor General; and the balance, bearing interest at the rate of ten per cent per annum, payable in advance, is due and payable one year after the passage of any Act of the Legislature requiring such payment, or before, if desired by the purchasers. Bonds or warrants of districts having an outstanding indebtedness are receivable in payment for lands in such district at par. SEC. 3441. The Surveyor General of the State must not approve any survey of nor must the Register issue evidence of title for swamp and overflowed land until six months after the same has been segregated by authority of this State or the United States. Stats. 1870, p. 878. Swamp price and payment. lands, etc.. manner of Surveys not to be approved until land segregated. preferred for ninety SEC. 3442. Settlers upon swamp and overflowed lands Settlers belonging to the State who occupy the same for farming purchasers or grazing purposes, and whose occupation is evidenced days. by actual inclosure, or by ditches or monuments showing the actual extent thereof, are preferred purchasers for such lands for ninety days after segregation. Stats. 1870, p. 878. SEC. 3443. Any person desiring to purchase swamp Applica 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, purchase of etc.. land. Affidavit, what to swamp, contain. If made by female, what. Where filed, and duty of County Surveyor. Petitions for formation of reclamation districts. of lawful age, that he desires to purchase lands (describ ing 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 ninety days. Stats. 1870, p. 878. SEC. 3444. If the applicant is a female, such affidavit must also show that she is entitled to purchase real estate in her own name. SEC. 3445. The affidavit must be filed in the office of 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. SEC. 3446. Whenever the holders of evidence of title representing one half or more of any body of swamp and overflowed, salt marsh, or tide lands, 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 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 acres in the whole district and the number of acres in each tract sold, with the names (if known) of the owners thereof. SEC. 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. |