The Empire County argus., 1856-04-05

poHatc JuulClary COmmlIuee, anu passed IN tndJ
body March 10Th. Passed in Assembly March
Goth
AN ACT for the Protection of Actual Settlers and to Quiet
Land Titles in this State.
The People of the State of California, represent
ed in Senate and Assembly, do enact as follows:
Section l. All lands in this State shall be deem
ed and regarded public lands until the legal IT,
tie is shown to have passed from the government
to private parties
Sec. 2. Actual and peaceable possession of land
shall be prima acie evidence to right to such pos
session in the person so in possession.
Sec. 3. In all eases where lands are claimed un-
der or by virtue of patent from the United States
or from this State the right of the party claiming
under the patent to the land shall be deemed to
begin at the date of the patent, and he shall not
be entitled to recover for the or enjoyment of
such land prior to the date of such patent.
Sec. 4. In all actions of ejectments or other ac-
tlons involving the right to land, the right to
the possession of land hereafter to be commenced
or hereafter to be tried in any court in this State
the defendant may deny the plaintiffs light to
such land or to its possession, and he may also set
up and aver in his answer that he and those under
whom he claims have made lasting and valuable
improvements on such land, stating in what the
improvements consist and their value and if
growing crop is upon said land the defendant may
state the fact also, and the court before which the
action shall be tried shall direct the Jury to find
in their verdict 1st. Whether the plaintiff is enti-
tied to the land, or to the possession of the land
and if he is entitled to the land to its possession
I'd. To find the value of the land in controversy
without the Improvements placed thereon by the
defendant or by his grantors 3. The value of the
improvements; and 4th, The value of the growing
crop then on said land 5th. The value of the use
and occupation of such land from the time when
the patent issued.
Sec. 5. If the verdict is in favor of the plain
tiff s right to the land, to the possession of the
same, the court shall cause the verdict to be enter
ed on its minutes, and the plaintiff shall, within
six months pay the defendant, or his lawful agent
OR he may pay to the clerk of the court in which
such action tried, for the of defendant, the
value of his Improvements, as found by the jury,
and OF the growing crops on the land, it the same
at the time of payment, still remain uncut on the
land; or the plaintiff may, within the time allowed
him to make such payment, notify the defendant,
Or his attorney, that he will not pay for said i'm
provements and growing crops and that he will
accept the value of the land as assessed by the YER
dict of the jury, and the defendant shall have six
months from the time of giving such notice. within
which to pay the plaintiff the value of the land as
the shall have been assessed by the Jury; also
the amount of the rents and profits as assessed by
virtue Of the preceding section, together with in
terest on said amount at the rate of ten per cent
per annum on said amount, from the time he re-
ceived such notice
Sec 6. Service of the notice, provided for in the
5th section of this act, shall be made by the Sher
if of the county where the party entitled to such
notice, or his attorney, is to be found, or by his
deputy. The notice shall be returned with the
certificate of the officer of its SERVICE with the date
thereof to the Office of the clerk of the court in
which the action was tried. The notice shall be
served by delivering copy thereof to the party
entitled to the same, or his attorney; or in case
neither can be found, then with the clerk of the
court in which the action was tried, who shall
cause the same to be published in some newspaper
Of general circulation in the county wherein said
action was tried, and if there is no newspaper pub
lished therein, then in newspaper published near
est thereto, and it shall be the duty of the Sheriff
to such notice when requested, for which he
shall receive the fees for similar services
in other cases.
Sec 7. If the plaintiff pay into court, or pay to
the defendant the amount Of the value of his i'm
provemcnts, assessed by the jury and also of the
growing crops, judgment shall be entered on the
verdict of the jury Immediately, and he shall have
process for his COSTS and the Sheriff. unless the de-
tendant quits voluntarily, shall put him in posses
sion of the land, the improvements and growing
crops
Sec 8. If the defendant shall fail to pay the
plaintiff or to pay into court within the time al
lowed by this Act the value of the land as assess
ed by the jury, when he shall have been notified
by the plaintiff as is provided by the fifth section
OF this Act the plaintiff may apply to the court, if
IN session, and IT the court is not in session. to the
clerk to have judgment entered in his favor on the
verdict OF the jury, and have execution, as is pro-
vided in section six of this Act in which case de-
fendant shall be deemed to have waived, and shall
forfeit all right to value assessed by the Jury of
his improvements and growing crops.
Sec. 9. If the plaintiff shall fail to paw the de-
fendant, or his agent, to the clerk of the court
the amount of the value of defendants improve
ment and growing crops, assessed by the Jury,
within the time allowed by this Act and shall fail
to notify the defendant that he will not pay for
said improvement and that he will accept the val
ue of the land as assessed by the verdict of the
jury, as it is provided by the fifth section of this
Act the court if in session, and the clerk in vaca-
ton may on application of defendant, enter iudg-
ment against the plaintiff for costs and have exc
cution therefor and the plaintiff shall be deemed
to waive all right to judgment the verdict of the
jury, and shall be estopped from maintaining any
other action for the same land
Sec TO- The provisions of this Act shall extend
to all litigation of lands, or for the possession of
lands, claimed under or by virtue of any Spanish
or American grant or any grant made by the Gov
ernment of California, unless the said grants shall
have been surveyed, and the boundaries plainly
and distinctly marked that said boundaries could,
at any time when improvements were being made
on said lands, be easily seen and certainly known,
and unless the said grant and the plat and the field
notes of the survey of the same shall have been
recorded in the Office of the Recorder of the county
in which the lands lie before such improvements
shall have bpen made