The Placer herald. [volume] (Auburn, Placer County, Calif.) 1855-1991, 1868-06-13

acre or fractional part over an acre and where
upon parcel Of land there shall be two or more
separate buildings, occupied or used ordinarily
as dwellings, OF for business purposes each such
building for the purposes of this section. shall 6e
considered rs standing on separate lot OF land
but the whole OF such premises may be conveyed
in one deed which moneys 40 assessed shall Ike
paid in gold and silver coin of the United States
and shall constitute fund from which shall be
reimbursed or paid the moneys necessary to pay
the Government OF the United States for said
town lands, and interest thereon, II such moneys
shall have been loaned or advanced for the pur
pose and expenses Of their location, entry and
purchase, and the costs and expenses attendant
upon the making Of said survey and recording
thereof.
SEC. Z. Any sum Of money rema lining after de-
fraying all the necessary expenses oi location, en-
Try. surveying, plating and recording Of lands
and the expenses Of the County Judge, hereinaf.
ter mentioned, shall he deposited in the County
Treasury, to the credit Of the fund of each par.
ticular town, and shall be Kept separate by the
County Treasurer, to be paid out by him only on
the written order of such County Judge, until
after the expiration Of the time for the final set
tement of the affairs Of such town lands, as here
matter provided ut which time any and all bal
ances OF money so remaining to the credit of each
town shall be transferred by such County Treas
urer to the School Fund ol the particular school
district in which said town shall be situated.
SEC. q. Every person. corporation or as*ocia
tion claimant of any town lot or parcel OF land
within the limits Of such town site shall present
10 the County Judge. within six months after the
plat shall have been fled in the Office of the
County Recorder his her or their affidavit, veri-
fled in person or by duly authorized agent or At
torney, n which shall be concisely stated the facts
constituting the possession or right Of possession
OF the claimant. and that the claimant is entitled
to the possession thereof as against all other per-
sons, to the best OF his knowledge and belief, to
which shall BE- attached a copy OF 80 much OF the
plat Of said town site az will fully exhibit the
particular lot or parcel of land so claimed, with
the abuttals; and every such claimant at the
time Of filing such affidavit, shall pay to such
County Judge such sum of money as said Judge
shall thereon certify to be due tor the assessment
mentioned in section six Of this Act. together
with the further sum OF five dollars in gold or
silver coin OF the United Stat es. to be appropra
ted to the payment OF the expenses incurred in
carrying out the provisions OF this Act and the
County Judge shall thereupon give to such claim
ant certificate containing description OF the
LOT or parcel of land claimed and setting forth the
amounts paid thereon by such claimant. The Coun-
ty Judge shall procure bound book for each town
in his county, wherein he shall make proper en-
tries Of the substantial matters contained in every
such certificate issued by him, numbering the same
in consecutive order, setting forth the name OF
claimant or claimants in full date of issue and
description of lot or lots claimed.
Sec. O.. If it shall be found that the amounts
herenbefore specified as assessments and fees for
cover and detray all necessary expenses. the
County Judge shall he aud he is hereby empow
cred to estimate the deficiency and to assess such
deficiency pro rata upon all the lots and parcels Of
lands in such tOwr and to declare the same upon
the basis set down in section six OF this Act. which
III NJ u hn uniI hU
claimant at the time when the certificate herenbe-
fore mentioned, or at the time when the deed Of
conveyance hereinafter provided for, shall be
issued.
SEC. 10. At the expiration Of six months after
the issuance of the certificate mentioned in the
preceding section. If there shall have been no ad-
verse claim filed in the meantime, the said Judge
shall make, execute acknowledge and deliver to
each claimant, or to his, her or their heirs, ad-
ministrators and assigns, good and sufficient
decd Of the premises described in the application
of the claimant originally filed. No conveyance
OF any such lands made as in this Act provided
shall be deemed to conclude the rights of third
persons but such third persons may have their
action in the premises to determine alleged inter-
est in such lands against such grantee, his heirs
or assigns, to which they may deem themselves en-
titled either in law or equity prouided' that no
action for the recovery Of the possession OF such
premises, or any portion thereof, shall be
maintained in any Court against the grantee
named therein. or against his, her or their assigns.
unless such action shall be commenced within
two wears after such deed shall have been filed
for record in the office of the County Recorder Of
the County where such lands are situated and
provided that nothing herein shall be construed
to extend the time Of Limitation prescribed by
law for he commencement Of actions upon pos
sessOry CLAIM, or title to real estate when such
action is barred by law at the time of the passage
L. IL I,~k khAnt tkpk
mining claims shall have been located and held
bona fe for mining purposes. prior to the pass
age oi this Act. and where the same shall he prior
in location to the claim OF any occupant for other
purposes, such mining rights, according to the
metcs and bounds 80 located and claimed. shall
not in any manner be affected by the provisions
of this Act nor shall any sale be made. nor any
title be conveyed by reason of any sale or pre-
tended sale OF such lands no claimed for mining
purposes, until after the occupancy of such min
ing claims shall have been abandoned ty the
holders thereof.
SEC. IL. In all cases of adverse claims, or dis
putes arising out Of conflicting claims to lands or
boundary lines. the adverse claimants may submit
the decision thereof 10 the County Judge by an
agreement in writing, specifying particularly the
subject matter in dispute, and may agree that
bis decision shall he final in which case the
said Judge shall hear the proofs, and shall exc
cute deed in accordance Herewith; but in all
other cases Of adv erse claim the party out of pos.
session shall commence his action 10 court of
competent jurisdiction within six months after
the fling Of the town plat in the Office OF the
County Recorder. In case such action be COM
menccd, the plaintiff shall serve notice lis
pendens upon the County Judge, who shall there
upon stay all proceedings in the matter of grant
ing any certificates or deed until the final decision
Of such suit and upon presentation ofa certified
copy Of the final decree of such Court in such
%ho Ind cho1I =
er a deed of such premises in accordance with the
Decree In case no such action be commenced
within the time herein prescribed, the County
Judge shall deliver bis deed to the party in pos
session, as provided in section ten OF this Act.
SEC. IL. The County Judge shall give public
notice by advertisement for four weeks in some
newspaper published in the county, If one there
l,o and IL there he No nexsnan mar pnhliahod in