ers,

the whole of the assessment against the land owned by the person failing to pay such installment shall become due and payable at once, and may, in the discretion of the board, be collected immediately, in one and the same action. The board of trustees of the district must commence actions for the collection of such delinquent installments and delinquent assessments, with interest thereon, and costs, and for the enforcement of the lien on the land assessed, in the superior court of the county in which the land is situated, against the person to whom the same shall have been assessed; and if assessed to "unknown own," then against the real owners, giving a full description by legal subdivisions or definite boundaries, and all persons having or claiming any interest therein, by fictitious names; or if the person to whom the land was assessed shall have conveyed the same to any other person or persons subsequently to the levy of such assessment, and such other person or persons shall be known to the board of trustees of the district to be the owner or owners of the land at the date of the commencement of the action, or if, at the date of the commencement of the action, the owner of the land assessed to "unknown owners" shall be known to the board, then (in either of the last-mentioned two events) against the then owner or owners of the land assessed. Service of complaint and summons in such action may be made, either in the manner prescribed by the Code of Civil Procedure, or if the owner is unknown or cannot be found, by posting a copy of the summons at the court-house door, and publishing the same once a week for four successive weeks in a newspaper pub. lished in the county; and such posting and publication is equivalent to personal service on all persons having or claiming any right, title, or interest in the land assessed to unknown owners, whether named as a party in such action or not. Proof of such posting and publication must be made by the certificate of the sheriff, or the affidavit of the party making the service. In case the service be made by posting and publication, the defendant, or any person claiming any interest in the land assessed, may appear and answer the complaint within forty days after the expiration of the four weeks of posting and publication.

Assessments on several tracts may be included in the same action, if listed to the same person. In all actions for the collection of delinquent assessments, the court may decree and adjudge a lien against each tract for the amount assessed against the same, and may order it to be sold on execution or decree, as in other cases of sale of real estate. The judgment or decree must direct that the sale be made for gold and silver coin of the United States. The board of trustees must pay the moneys collected to the county treasurer, who must place the same to the credit of the district. [Amendment approved March 31, 1891; Stats. 1891, p. 288.]

Action to recover delinquent assessments: 65 Cal. 635; 66 Cal. 52, 54; 67 Cal. 501; 71 Cal. 72; 75 Cal. 443; 95 Cal. 601. 3467. Deviation from plans: 65 Cal. 635.

3471. Right to erect levees: 73 Cal. 125.

3478. Reorganization: 65 Cal. 635.

Districts organized prior to code: 74 Cal. 549,

3481. Statute amending this section of code is valid: 74 Cal. 549.

3488. What lands are excluded from provisions of this act. All swamp and overflowed, salt marsh, and tide lands within one mile of the state prison at San Quentin, within the city and county of San Francisco, city of Oakland, or within five miles of the corporate limits of either, or within two miles of any incorporated city or town, except as to cities containing not less than twenty-five thousand nor more than thirty thousand inhabitants, are excluded from the operation of this chapter; provided, that the provisions of sections three thousand four hundred and fortysix, three thousand four hundred and forty-seven, three thousand four hundred and forty-nine, three thousand four hundred and fifty, three thousand four hundred and fiftytwo, three thousand four hundred and fifty-three, three thousand four hundred and fifty-four, three thousand four hundred and fifty-five, three thousand four hundred and fifty-six, three thousand four hundred and fifty-seven, three thousand four hundred and fifty-nine, three thousand four hundred and sixty, three thousand four hundred and sixty-one, three thousand four hundred and sixty-two, three thousand four hundred and sixty-three, three thou

sand four hundred and sixty-five, three thousand four hundred and sixty-six, three thousand four hundred and sixty-seven, three thousand four hundred and sixty-eight, three thousand four hundred and seventy-one, three thousand four hundred and seventy-two, three thousand four hundred and seventy-three of this chapter shall be applicable to any lands situated within the limits of any municipality in the state of California of the first class, namely, having a population of more than one hundred thousand, and also cities containing not less than twenty-five thousand nor more than thirty thousand inhabitants, which land is subject to overflow or incursions from the tide or inland waters of the state, in any manner; and districts may be formed, as in said sections provided, for the reclamation thereof, and said lands reclaimed thereunder. The duties provided for certain county officers in said sections shall be performed by the officers of such municipality, whatever may be their title, who usually perform like duties. The trustees, or the owners indicated in section three thousand four hundred and seventy-three, shall have power to let any contract, and conduct the operations of reclamation in all respects, and to issue warrants therefor. 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 supplemental 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. [Amendment approved March 31, 1891; Stats. 1891, p. 215; in effect immediately.]

3489. Manner of reorganizing: 67 Cal. 526; 74 Cal. 554. An act to amend an act entitled "An act to reorganize swamp-land district number seventy, of Sutter County, and to provide for the construction, maintenance, and repairs of levees therein,” approved March 27, 1878.

[Approved March 10, 1891; Stats. 1891, p. 62.]

SECTION 1. Section two of said act is hereby amended so as to read as follows:

Section 2. The boundaries of said district shall be as follows, to wit: Commencing at the center of section twenty-six (26), in township fifteen (15) north, of range one (1) east, of

Mount Diablo base and meridian; thence running west to the segregation line between swamp and highlands at the southwest corner of the northwest quarter of section twenty-nine (29) of said township and range; thence northwesterly, following said line of segregation, to a point where the same intersects Butte Slough; thence down and along said Butte Slough to the line dividing section six (6), township and range aforesaid, into north and south halves; thence east to the line of segregation between swamp and highlands; thence east and south, following said line of segregation, to the southeast corner of the west half of the southwest quarter of section fourteen (14) of the aforesaid township and range; thence due south to the southwest corner of the east half of the northwest quarter of Section twenty-three (23), township and range aforesaid; thence southeasterly, following the line of levee as now constructed, to the point of intersection of said levee with the line dividing section twenty-six of said township and range into north and south halves; thence west to the place of beginning.

SEC. 2. Section eight of said act is hereby amended so as to read as follows:

Section 8. The board of trustees of said district shall, as Boon as practicable after the passage of this act, and annually thereafter, whenever further assessments are required, report to the said board of supervisors a statement showing,

First. The plans of the work done, or to be done, and estimates of the cost.

Second. The amount of the outstanding indebtedness of the district, if any, and the proportion, of not less than ten per eat, to be paid, together with estimates of the probable cost, repairs, and incidental expenses for the ensuing year. And the board of supervisors shall therefrom ascertain and transmit to the auditor a certificate of the rate of assessment which it will be necessary to levy on the aggregate of the amount charged on the tracts and lots described in the assessment list in order to raise the requisite amount as shown by the report of the trustees, and shall direct the auditor to prepare a copy of said list, and to enter thereon, opposite to each tract or lot herein described, the amount of assessment to be collected from the owner or claimant of each of said tracts or lots, at the rate indicated; provided, that whenever it shall be made to appear to the satisfaction of the board of supervisors, by affidavit or otherwise, that the name of the owner of any tract or lot, as shown upon the assessment list, or the number of acres therein contained, is incorrectly stated, whether such error was made at the time the assessment list was originally prepared, or is the result of subsequent change in the ownership of the land described, or otherwise, said board shall, at the time of directing the auditor to prepare a copy of said assessment list, also direct him to make such specific changes in the name of the owner, or in the number of acres, as will make such copy conform to the facts as found by them; and where a single tract or lot as described upon the original assessment list is found to be owned by two or more persons in severalty,

the board shall direct the auditor, in making such copy, to describe each portion of such tract or lot so owned in severalty, separately, according to the ownership thereof, and to apportion the assessment charged against the whole among the parcels thereof, as separately assessed, in proportion to the number of acres contained in each parcel.

SEC. 3. Section eleven of said act is hereby amended so as

to read as follows:

Section 11. The county treasurer shall be entitled to receive one per cent, and the tax collector shall be entitled to receive two per cent, of the moneys collected by them, respectively, under the provisions of this act, and the county auditor shall receive the sum of fifty dollars for the services required of him under sections eight and nine of this act, in each year in which an assessment is made.

SEC. 4. All acts and parts of acts in conflict with this act are hereby repealed.

SEC. 5. This act shall take effect and be in force from and after its passage.

3490. Enjoining injury to levee: 88 Cal. 217.

Injunction against erection of levee by lower proprietor: 83 Cal. 515,

3491. An act amendatory of and supplementary to an act entitled "An act to define the boundary and provide for the government of levee district number two. of Sutter County," passed March 23, 1876, in relation to the election of officers for said district, funding the floating debt, and refunding the funded debt thereof.

[Approved March 23, 1893; Stats. 1893, p. 199.]

There are hereby added to said act sections, to be numbered and to read as follows:

Section 16. The board of supervisors of Sutter County is hereby authorized and required to issue bonds of said district to the amount of forty thousand dollars, gold coin, to be sold by the county treasurer of said county under directions from the board of directors of said district, as hereinafter provided, and the money realized from the sale of said bonds shall be paid into the county treasury of said county, to be applied to the payment of,

1. The funded debt.

2. The floating debt of said district.

3. The repair of and strengthening the levee of said district by the board of directors.

Section 17. The treasurer of said county shall prepare bonds, in form like those heretofore issued by said board for said district, to the amount of forty thousand dollars; said bonds shall each be to an amount of not less than one hundred dollars nor more than five hundred dollars, and shall bear interest, represented by coupons attached thereto, at the rate of six per cent per annum, to be dated March first, eighteen hundred and ninety-three, and sold, from time to time, by the said treasurer, as required by the said board of directors, at a rate not less than par. The interest on said bonds shall be payable annu