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Duty of

County

to raise the amount so determined; and shall annually thereafter, whenever further assessments for such purposes are necessary, levy the same in like manner. The secretary of the board must compute and enter, in a separate column of the assessment book, the respective sums, in dollars and cents, to be paid on each tract and lot therein enumerated. When collected, the assessment shall be paid into the county treasury of the county where the district was organized, and the County Treasurer of said county is hereby authorized and required to Treasurer. receive and receipt for the same, and place the same to the credit of the district, in a fund to be called the "Fund of Drainage District," and shall be responsible upon his official bond for the safe-keeping and disbursement of the same, as in this Act provided. He shall pay out of the same only upon warrants of the board of directors, signed by the president and attested by the secretary. The treasurer shall report in writing, at each regular meeting of the board of directors, and as often thereafter as requested by the board, the amount of money in the fund, the amount of receipts since his last report, and the amounts paid out; such reports shall be verified and filed with the secretary of the board.

Duty of district treasurer.

Lien against property.

Tax

Collector; duties.

Delin

and sales.

SEC. 18. The assessment authorized by the preceding section is a lien against the property assessed from and after the date when the same is made and entered in the assessment book, as provided in said section, and such lien shall continue until such assessment is paid, or the property assessed is sold for the payment thereof.

SEC. 19. The Tax Collector of the county where the district was organized is hereby constituted ex officio tax collector for the district, and the secretary of the board of directors must, as soon as practicable after the same is completed, deliver to such Tax Collector the assessment book, who is hereby authorized and directed to receive and receipt for the same, and within ten days thereafter publish a notice in a newspaper published in each county in which any portion of the district may lie, that said assessments are due and payable at his office, and, if not before paid, will become delinquent at six o'clock P. M. on the last Monday in December next thereafter, when five per cent will be added to the amount thereof, which notice shall be published for a period of four weeks. The collector must mark the date of payment of any assessment in the assessment book opposite the name of the person paying, or the property on which the same is paid, and give a receipt to the person making such payment, specifying the amount of the assessment and the amount paid, with a description of the property assessed. On the last Monday in December, at six o'clock P. M. at each year, all unpaid assessments are delinquent, and thereafter the collector must collect thereon an addition of five per cent for the use of the district.

SEC. 20. On or before the first day of February, the collector quent list, must publish the delinquent list, which must contain the names of the persons, or as "unknown," where the same is not known, and a description of the property delinquent, and the amount

of the assessments and costs due opposite each name and description. He must append to and publish, with the delinquent list, a notice that unless the delinquent assessments, together with costs and percentage, are paid, the property assessed will be sold at public auction. The publication must be made once a week for three successive weeks, in a newspaper in each county in which the property on which the assessment is delinquent is situated. The publication must designate the time and place of sale. The time of sale must not be less than twenty-one nor Day of sale. more than twenty-eight days from the first publication, and the place must be in front of the court-house of the county where the district was organized.

for delinquency.

sale.

SEC. 21. The collector must collect, in addition to the assess- Penalties ments due on the delinquent list and five per cent added, fifty cents on each lot, piece, or tract separately assessed, one half of which must go to the district and the other to the collector for preparing the list. On the day fixed for the sale, or some Proceedsubsequent day, to which he may have postponed the sale, of ings at which he must give notice, the collector, between the hours of ten A. M. and three o'clock P. M., must commence the sale of the property advertised, commencing at the head of the list and continuing alphabetically, or in the numerical order of the lots or blocks, until completed. He may postpone the day of commencing sales or sale from day to day, but the same must be completed within three weeks from the day first fixed. If any sale or sales be stayed by judicial process, the time of such stay is not part of the time limited for making such sale or sales.

SEC. 22. The owner or person in possession of any property Rights of offered for sale for assessments due thereon, may designate in delinquent writing to the collector, prior to the sale, what portion of the property he wishes sold, if less than the whole; but if such person does not, then the collector may designate it, and the person who will take the least quantity of the land, or in case an undivided interest is assessed, then the smallest portion of the interest, and pay the assessments and costs due, including two dollars to the collector for the duplicate certificate of sale, is the purchaser. If the purchaser does not pay the assessments and Resale. costs before ten o'clock A. M. the following day, the property on the next sale day must be resold for the assessments and costs. In case there is no purchaser in good faith for the property on District the first day it is offered for sale, then when the same is offered m thereafter for sale, and there is no purchaser in good faith, the entire property assessed shall be struck off to the drainage district within which the tract, parcel, or lot is situated, as the purchaser, and the duplicate certificate of sale delivered to the treasurer of the district, and filed by him in his office. No charge shall be made for the duplicate certificate where the district is the purchaser, and in such case the collector shall make an entry, "Sold to the district," and he shall be credited with the amount thereof in his settlement. A drainage district, Rights of as purchaser at such sale, shall be entitled to the same rights as an individual purchaser, and the title so acquired by the

purchase.

district as a purchaser.

Certificates of sale.

Public record.

Right of redemption.

Deed to property purchased at the delinquent sale.

Fee.

district, subject to the right of redemption herein provided, may be conveyed by deed, executed and acknowledged by the president and secretary of the board of directors; provided, that authority to so convey must be confirmed by resolution of the board, entered on its minutes, fixing the price, not less than the reasonable market value of the property, which shall not be sold at less than the price fixed. After receiving the amount of assessments and costs, the collector must make out in duplicate a certificate, dated on the day of sale, stating (when known) the name of the person assessed, a description of the land sold, the amount paid therefor, that it was sold for assessments, giving the amount and year of the assessment, and specifying the time when the purchaser will be entitled to a deed. The certificate must be signed by the collector, and one copy delivered to the purchaser and the other filed in the office of the County Recorder of the county in which the land is situated.

SEC. 23. Before delivering any certificate the collector must, in a book, enter a description of the land sold, corresponding with the description in the certificate, the date of the sale, purchasers' names and amount paid, regularly number the description on the margin of the book, and put a corresponding number on the certificate. Such book must be open to public inspection without fee, during office hours when not in actual use. On filing the certificate with such County Recorder, the lien of the assessments vests with the purchaser, and is only divested by payment to him or to the collector for his use, the purchase money, and two per cent per month from the day of sale until redemption.

SEC. 24. A redemption of the property sold may be made by the owner, or any party in interest, within twelve months from the date of purchase; redemption must be made in gold or silver coin as provided for the collection of state and county taxes, and when made to the collector he must credit the amount paid to the person named in the certificate, and pay it on demand to such person or his assignee. In each report the collector makes to the board of directors, he must name the person entitled to redemption money, and the amount due to each. On receiving the certificate of sale, the County Recorder must file it, and make an entry in a book similar to that required of the collector. On presentation of the receipt of the person named in the certificate, or of the collector for his use of the total amount of redemption money, the Recorder must mark the word "redeemed," the date and by whom redeemed, on the certificate, and on the margin of the book where the entry of the certificate is made. If the property is not redeemed within twelve months from the same, the collector, or his successor in office, must make to the purchaser, or his assignee, a deed of the property, reciting in the deed substantially the matters contained in the certificate, and that no person redeemed the property during the time allowed by law for its redemption. The collector shall receive from the grantee, for the use of the district, two dollars for making such deed.

SEC. 25. The matter recited in the certificate of sale must Deed is

be recited in the deed; and such deed, duly acknowledged or prima facie proved, is prima facie evidence that:

First-The property was assessed as required by law.
Second-That the property was equalized as required by law.
Third-That the assessments were levied in accordance
with law.

Fourth-The assessments were not paid.

Fifth-That at a proper time and place the property was sold as prescribed by law, and by the proper officer.

Sixth-That the property was not redeemed.

Seventh-The person who executed the deed was the proper

officer.

Such deed, duly acknowledged or proved (except as against actual fraud), is conclusive evidence of the regularity of all proceedings from the assessment by the board of assessment commissioners, inclusive, up to the execution of the deed. The deed conveys to the grantee the absolute title to the lands described therein, free of all incumbrances, except when the land is owned by the United States or by this State, in which case it is prima facie evidence of the right of concession.

evidence, of what.

ment book

" evidence.

SEC. 26. The assessment book, or delinquent list, or a copy Assessthereof, certified by the collector, showing unpaid assessments, is prima against any property, is prima facie evidence of the assessment, facie the property assessed, the delinquency, the amount of assessments due and unpaid, and that all forms of law in relation to the assessment and levy of such assessments have been complied with.

does not

SEC. 27. When land is sold for assessments correctly im- Misnomer posed, as the property of a particular person, no misnomer of invalidate. the owner or supposed owner, or other mistake relating to the ownership thereof, affects the sale or renders it void or voidable.

between

SEC. 28. On the first Monday of each month, the collector Settlement must settle with the secretary of the board for all moneys collector collected for assessments, and pay the same over to the and treasurer; and within six days thereafter he must deliver to, and file in the office of the secretary a statement, under oath, showing:

First An account of all transactions and receipts since his last settlement.

Second-That all money collected by him as collector has been paid.

He shall also file in the office of the secretary on each settlement the receipt of the treasurer for the money so paid. The collector shall be accountable, upon his official bond, for all moneys collected by him, and for the faithful performance of all duties imposed upon him by this Act.

secretary.

directors,

SEC. 29. The board of directors shall have power to con- Powers of struct the works necessary for drainage purposes across any right of street, avenue, highway, railway, canal, ditch, or flume which way, etc. the route of said works may intersect or cross, in such manner as to afford security for life and property; and shall restore the same, when crossed or intersected, to its former state as near as

Claims against district.

Compensation of directors, etc.

may be, or in such manner as not to have impaired, unnecessarily, its usefulness. Every company whose railroad, and the Board of Supervisors, where any public highway shall be intersected or crossed by said works, shall unite with said board of directors in forming such intersections and crossings, and grant the privilege aforesaid; and if said railroad company, or said Board of Supervisors, or the owners and controllers of said property, thing, or franchise so to be intersected or crossed, and said board of directors, cannot agree upon the amount to be paid therefor, or the points or manner of such crossings or intersections, the same shall be ascertained and determined in all respects as herein provided in respect to the taking property by condemnation. The right of way is hereby given, dedicated, and set apart to locate, construct, and maintain such necessary drainage works over and through any lands which are now or may be the property of this State.

SEC. 30. All claims against the district must be presented to the board for audit and allowance, and if legal charges against the district, the same must be paid by the treasurer, on warrants of the district, signed by the president of the board, and countersigned by the secretary; provided, that the board shall not have power to audit or allow any claim against the district, or to draw any warrant for the payment of the same, which shall exceed in any fiscal year the revenue provided for such fiscal year.

SEC. 31. Each member of the board of directors shall receive three dollars per day for each day's attendance at the meetings of the board, and actual and necessary expenses paid while engaged in official business under the order of the board. The board shall fix the compensation of the assessment commissioners, secretary, treasurer, and collector, which shall be paid out of the treasury of the district in like manner as other expenses are paid.

SEC. 32. None of the provisions of this Act shall be construed as repealing or in anywise modifying the provisions of any other Act relating to the subject of drainage.

SEC. 33. This Act shall take effect from and after its passage.

Gasoline

launch for

CHAPTER CCXXIX.

An Act to authorize the Board of Fish Commissioners of the State of California to purchase or construct a gasoline launch, to aid in carrying out the purposes of said board, and appropriating money therefor.

[Approved March 31, 1897.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The Board of Fish Commissioners of this State mission. are hereby authorized and empowered to cause to be purchased

Fish Com

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