When work is statement to be filed and moneys paid over. SEC. 3475. After the work of reclamation is completed completed, the Trustees, or the owners of the land, if there have been no Trustees for the district, must file in the office of the County Recorder of the county in which the original petition was filed a sworn statement of the fact, and the Recorder must forward a certified copy thereof to the Register; and the Supervisors must order the Treasurer to pay over to the Trustees or owners any moneys he may have credited to purchasers on full payments. Three years after of work, Commis sioners SEC. 3476. Three years after filing the statement completion referred to in the preceding section the Board of Supervisors of the county in which the district or the larger portion thereof is situated, must, upon the application of the Trustees, or the owners of the land, if there are no Trustees, appoint three Commissioners, who must examine the work done and the lands embraced in the district; and if they find that the lands have been reclaimed they must return and file with the County Recorder a sworn statement to that effect, which statement must be by him recorded, and a certified copy thereof forwarded to the Register. If lands have been patent to issue. SEC. 3477. The Register must thereupon credit each reclaimed, purchaser in the district with payment in full for such lands, and the purchasers are entitled to patents therefor; and the Register must forward to the Treasurer of the county in which any portion of the district may be situated a statement showing the amount of money paid into the Treasury by each purchaser of land in such district, and the amount to be credited to the purchasers and paid over to the Trustees, as hereinbefore provided, and must order the balance paid over to such purchasers. The statement of the Register, signed by the purchasers, is a voucher for the County Treasurer. Old dis triets may reorganize under this Chapter. SEC. 3478. Districts formed under laws in force prior to May twenty-eighth, eighteen hundred and sixty-eight, may reorganize under the provisions of this Chapter. SEC. 3479. But if such districts are in debt, the Trus may com ness of, and levy tax to pay tees thereof have no power to impair or destroy any Trustees indebtedness of the district without the consent of the promise, indebtedcreditors, but may make any arrangement with the creditors for the surrender of such indebtedness at less than par, and, if authorized by the by-laws, may assess a charge on the property of the district for the payment thereof. SEC. 3480. If the Trustees of any district referred to in the preceding section redeem the bonds and warrants of such district, they may select any unsold lands therein, and pay for the same with such bonds or warrants at par, and upon such payment the Register must issue to them certificates of purchase, and when the lands have been reclaimed they are entitled to patents therefor. Such lands may be sold by the Trustees, and if sold, the proceeds must be paid into the Fund of the district. SEC. 3481. If the holders of certificates of purchase or patents for lands within any district formed prior to May twenty-eighth, eighteen hundred and sixty-eight, and in which the lands have not been reclaimed, desire to have their lands set off from such district, they must, in addition to the petition required in section forty-two, show to the Board of Supervisors that their lands are capable of an independent reclamation. the same. SEC. 3482. If the district from which they seek to be Same. set off is not in debt, then the lands may at once be set off; but if the district has an outstanding indebtedness, then the Board must determine what proportion of the debt the district so sought to be set off should pay; and upon the payment thereof the lands described in the petition constitute a district, and are subject to all the conditions of this Chapter. The amount paid by the petitioners is a charge against the district so formed, and must be collected and paid the same as moneys for recla mation. SEC. 3483. All districts organized under this Chapter must have a State number, and the Register, upon the Districts, nated. how desig In Sacra mento, may em receipt of a copy of a petition, must number the same, and send their number to the County Recorder of the county from which the copy came, and the Recorder must number the petition upon record in like manner, and the district must thereafter be known and designated thereby. Districts organized before May twenty-eighth, eighteen hundred and sixty-eight, may retain their number. SEC. 3484. No member of any Board of Supervisors Supervisors or any Clerk of such Board must receive compensation, ploy Clerk. other than his regular salary, for services performed under this Chapter; but the Board of Supervisors of Sacremento County may employ a Clerk to attend to matters pertaining to swamp lands, and pay such Clerk by orders on the Swamp Land Fund of the district for which work is performed not to exceed five dollars for each day he is actually engaged. Payment on lands held for five years, when to be made. Occupants of land on banks of stream liable for damages, when. Same. SEC. 3485. The balance of the principal on all lands in districts having an outstanding indebtedness, which have been sold for five years, is payable at once; and on all lands in such districts which have been sold less than five years, the balance is payable on the first of January following the expiration of five years from the date of sale. SEC. 3486. Any person owning or occupying lands upon the banks of any stream where the lands lying back of such stream are lower than the bank thereof is responsible for all damages which may be sustained by the owners or occupants of lower lands by reason of any cut or embrasure made in the bank of such stream by the owner or occupant of the bank. SEC. 3487. If such cuts were made for the purpose of irrigation, and head gates and culverts have been made which competent persons consider sufficient to restrain the water, and where great diligence has been made to prevent damage, these facts may be pleaded and proved, in mitigation of damages. lands from the of this SEC. 3488. All swamp and overflowed, salt marsh, and Certain tide lands, within one mile of the State Prison at San excepted Quentin, within the City and County of San Francisco, provisions City of Oakland, or within five miles of the corporate Chapter. limits of either, or within two miles of any incorporated city or town, are excluded from the operation of this Chapter. The lands mentioned and described in an Act to survey and dispose of certain salt marsh and tide lands belonging to the State of California, approved March thirtieth, eighteen hundred and sixty-eight, and in the Act supplementary and amendatory thereto, approved April first, eighteen hundred and seventy, must be disposed of as in such Acts provided, which are hereby continued in force. NOTE. The lands referred to in the Acts mentioned will have been sold and finally disposed of within a short time after this revision is completed, and for that reason the Acts have not been incorporated in this work. ARTICLE III. SCHOOL LANDS. SECTION 3494. School lands; price; payment, when to be made. 3495. Affidavit on application to purchase sixteenth and thirty-sixth sections. 3496. Affidavit, when applicant is a female. 3497. Occupants protected. 3498. Applications must not be approved for sixty days. 3499. Contests, how determined. 3500. Applications for other than sixteenth and thirty-sixth sections. 3501. Affidavit, when female is an applicant. 3502. Land warrants received in payment of the purchase money of certain lands. lands, SEC. 3494. The unsold portion of the five hundred School thousand acres granted to the State for school purposes, price; paythe sixteenth and thirty-sixth sections and lands selected to be made. in lieu thereof, must be sold at the rate of one dollar and ment, when Affidavit on application sixteenth and thirty sixth sections. twenty-five cents per acre, in gold coin, payable, twenty per cent of the principal within fifty days from the date of the certificate of location issued to the purchaser, the balance, bearing interest at the rate of ten per cent per annum in advance, is due and payable within one year after the passage of any Act by the Legislature requiring such payment, or before if desired by the purchaser. SEC. 3495. Any person desiring to purchase any porto purchase tion not less than the smallest legal subdivision of a sixteenth or thirty-sixth section of any township which has been surveyed by the United States, must make an 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 such lands (describing the same by legal subdivisions) under the provisions of this Title; that he has not entered any portion of any sixteenth or thirty-sixth section which, together with that now sought to be purchased, exceeds three hundred and twenty acres; that there is no occupation of such lands adverse to any that he has; or if there is an adverse occupation, then the affidavit must show that the township has been sectionized three months, and that the adverse occupant (giving his name) has been in such occupation for more than sixty days. Affidavit, when SEC. 3496. If the applicant is a female, the affidavit applicant is must show that she is entitled to purchase and hold real estate in her own name. a female. Occupants protected. Applica tions must not be approved for sixty days. SEC. 3497. Every occupant of a sixteenth or thirtysixth section is protected in his occupany for three months after the township has been sectionized; and any person settling upon a sixteenth or thirty-sixth section. after a township has been sectionized has sixty days after such settlement in which to file the application required in the preceding section. SEC. 3498. All applications filed in the Surveyor General's office must be retained sixty days before approval. SEC. 3499. If two or more claim the same land, the |