The weekly Butte record., 1861-02-23
0Neehlp 8utte 8etor0
Another Attempt to Plumber the Citizens
of Butte County---F. M. Smiths Thiev-
ing Bill.


We alluded some days since to bill which had
been smugged through the Assembly by General
Harris, during the momentary absence of Dr. Til
den, under a suspension of rules and without being
read, in terms of condemnation. The provisions
Of the bin Objectionable, as well as the inde-
cent haste with which it was crowded through the
Assembly. We do not choose to arraign the mo-
tives of Gen. Harris in thus pushing the bill to its
passage. It's probable that he had no motive in
doing so, but simply yielded to the specous reason
ing Of those who concocted the affair." and whose
haste to levy their exorbtant fees against the prop
erty of the citizens of our county admitted of no
delay. For daring to utter objections to what we
conceived to be the plundering arrangement of the
District Attorney of Butte county," that officer
has arraignea Us before the bar of public opinion,
couching his indictment in the vilest language of
billingsgate-anguage which his long experience
as a disgusting "pimp1 Of the Bird street brothel,
qualities him to employ, and assais with the re-
iteration of the vile fasehoods and infamous SLAM
ders which were forced down the lying throats
to the corrupt hearts of his masters who first
gave them utterance. We purpose answering this
Indictment, far enough to justify opposition to
the bill with the public. And, first, we win give
the bantling to our readers, that they may judge
with us its provisions:
AN ACT to provide for the Collection of Delin-
quent Taxes i'll the County of Butte.
Tie People ofte State of California, represented
Senate and assembly, do enact as foHotcs;
SEc.l. The assessments Of Taxes upon all pro-
perty, both Real and Personal, in the county of
Butte whether for State, County, other pur-
poses for the fiscal year ending the first day OF
March one thousand eight hundred and fifty-eight
and for the fiscal year ending on the first day of
March one thousand eight hundred and fifty nine and
for the fiscal year ending the first day Of March
one thousand eight hundred and sixty, are hereby
legalzed and confirmed, and rendered valid and
binding both in law and equity against the persons
assessed.
Sec >. The District Attorney of the County of
Butte IS hereby authorized and directed to COM
mence civil actions, in the name of the people of
the State Of California in any of the Courts in said
county whether the defendant be a resident of the
county in which the Court is located not, to re-
cover the unpaid Taxes in said county for the fiscal
years mentioned in the last section, and he shall
designate in his complaint the amount of Taxes due
and unpaid for State, County, and other purposes,
separately and shall state the kind and quantity of
property assessed, both real and personal, and if
real describe the same; and the defendant shall
not be allowed to set mp or show any informality in
the levy or assessment as a defense, such defendant
being allowed only to plead
F1st-fhat the Taxes had been paid before the
suit; or,
Second That he had not the property mentioned
in the complaint at the time of assessment and has
never been liable to pay said Taxes. And an
shall be filed in any such case unless the same
be verified by oath.
SEC. 3. The delinquent tax lists for the said
fiscal years, duly certified by the proper officer, shall
be delivered to the District Attorney and the said
delinquent lists, the original. duplicate
ment rolls, or copy of any entry therein, duly
certified, showing unpaid Taxes against any person
property shall he evidence in any Court TO prove
the delinquency property assessed, the amount of
Taxes due and unpaid, and that all the forms of
law in relation to the levy and assessment of such
Taxes have been complied with; and neither the
delinquent tax lists the assessment rolls need be
filed in any case.
SEc4. Judgments rendered in such cases in the
District Court shall be docketed, and become lien
upon the specific property upon which the Taxes
due and sued upon were assessed, and SAID lien
shall have date from the day said assessments were
first made and shall have priority over all subse-
quent liens; and from the time OF docketng said
judgments the same shall become lien upon all
other property of the defendants liable to taxation,
and may he enforced against the same
The District Attorney may file transcripts OF
judgments rendered in Justices Courts under this
act, with the County Clerk, who shall thereupon
docket such judgments and they shall become liens
in like manner as judgments rendered IN the Dis
triet Court under this Act; and the County clerk
may issue execution thereon as on judgments rem
deTed in the District Court.
SEC >. " An Act 70 regulate proceedings III tiNlI
cases in the courts of Justice of this State so tar as
the same is not inconsistent with the provisions OF
this act, is hereby made applicable to proceedings
under this act; aud any deed derived from sale OF
real property under this act shall be conclusive EVIL
dence of title; except against actual frauds or
prepayment of the Taxes, and shall entltle the
holder thereof to writ OF assistance from the DIS
trict Court to obtain possession of such property;
provided, that the Sheriff in selling SAID properly
shall only sell the smallest quantity tlat any pur
chaser viii take, and pay the Judgment and all
costs; and provided further that when the property
sold belongs to minors OF persons under legal uiS
bilty. they shall have until six months aiter said
disability is removed to redeem SAID property by
paving the whole bid all subsequent Taxes and
interest. All moneys collected under this act eN-
eept costs and charges, shall without delay be PAID
to the Tax Collector of the said County ana ny
said Collector shall without delay be palu over 10
the Treasurer of said county. to be distributed IN
the proper funds: and each collection and the date
thereof shall be entered opposite the proper name
or property in the delinquent tax Sts' winch shal
be open to public inspection.
SEC. 6. 1.-THE name of the owner of any property
upon which the Taxes remain unpaid be unknown,
or il the same has been assessed to an unknown own
er the person liable to pay the Taxes thereon may
be sued bv fictitious name and the summons be
served in such manner the Court may direct; and
deed derived from the sale of such property under
the provisions of this act shall be equally cOnclu-
siye against the true owner of such property as II
the action had been prosecuted against SAID owner
by his real name.
SEC. :. For services rendered under this act the
District Attorney shall be entitled to coInpensa-
ton equivalent to fifteen per cent. on the amount
recovered 10 be added thereto if paid before Judg-
ment and if not so paid, then twenty-five per cent
to be added to- and constitute part of, the 1udg-
ment; and all officers shall perform such services
As NAV he required of them under this act without
the payment of fees in advance, but they may
charge and receive to their own use such fees as are
allowed for similar services in other cases. provl-
ded such fees are collected of the defendants, and
in no case shall the county be liable for services
rendered under this act; and provided further that
the District Attorney shall not commence the SUIT
authorized by this act against person, alter being
served with duplicate receipt of the Tax Collector
for the total amount of Taxes and charges due from
such person upon piece of property and ten per
cent. additional thereto; and If any person SHAH
fail TO said receipt, he shall pay all costs tnat
may result from his negligence.
SECS S. Al Taxes and assessments levied ana
remaining unpaid, which remain unpaid for
thirty days after the shall become wholly due
shall be deemed and be held to be subject TO the
provisions OF this act, and their payment may be
enforced in like manner as provided for the colec
ton of delinquent taxes under this act.
SEC 9. This act shall take effect and be in force
from and after its passage.
The title page of the bill contains the following
certificate:
February 18th. 1861.
I certify that the within is a true and correct
couy of Assembly Bill Ne. II. passed the Assembly
January 26th lSGl, and now in the hands of the
Committee on Finance of the Senate.
DAVID J. WILLIAMSON,