Weekly Trinity journal., 1876-01-15
TIE wEAyERyILLE TOWN SITE.

The Statutes of 1S67-S make it the duty
of the county judge of each county to
purchase, at the proper time, in trust for
the inhabitants thereof, the town sites of
any unincorporated towns situated upon
the public lands within their respective
counties. Where town is incorporated
the same duty is devolved upon the May
or, or President Of the Board of Trustees.
The law is general in its application, the
towns of Shasta and Red Bluff only be-
ing excepted from the operation of its
provisions.
In 1873, a petition making the neces
sary representations was presented to
Judge Lovejoy, and in accordance with
the prayer OF the petition the preliminary
steps were taken toward purchasing the
Weaverville town site in trust for the use
and benefit Of the inhabitants. At that
time the land was unsurveyed, and a sum
of money was advanced by some of the
signers Of the petition TO pay the expen-
ses of the survey, etc. This was not an
extra expense, as the government law
permits the money advanced to extend
survey over unsurveyed land with view
Of purchasing, to become credit and
be applied on the subsequent purchase of
the land. The estimate made by Judge
Lovejoy Of the cost Of survey and entry
of the town site was $1,000, as appears by
the endorsement upon the petition. -
When the survey was completed the
county judge FLED in the Land Office at
Shasta the declaratory statement neces-
ton to enter, in his official capacity, the
legal subdivisions on which the town Of
Weavervile is situated. There the mat
ter has rested until the present time, but
1t now becomes necessary that the appi-
cation should be prosecuted, or the rights
acquired under it will become forfeit.
The survey made in 1873 showed the
town site Of Weavervile TO be partly in
two townships, the township line running
through the town between Main and
Confer streets. The eastern part of the
town lies in Section Il, Township 80,
Range 0 the western part in Section II,
Township SO, Range 10. The frst-named
section lies within the thrty-mie limit,
being within the ten mile or "indemni- |
ty" limits Of railroad lands. Conse- |
quently the Land Office will naye to cite
the Rail Road Company to appear and |
show cause, if any exist, why that portion |
Of the town site lying within the odd
numbered section or on any Of its legal
subdivisions, should not be patented rs
applied for, to the county judge in trust,
for the use and benefit of the inhabitants
of the town.
The laws of the United States regulat-
ing the sale of the public domain may be |
briefly summed ~ thus After the official |
plat Of the survey OF Il township has been
filed in the local land Office the settlers
thereon have three months time to file
their declaratory statements OF intention
to purchase the land to which they have
acquired pre.emption rights. If they
permit this period to pass by deiau" they
have no right superior to that of any otn-
er purchaser. After government land is
thrown oper for settlement and entry,
there has, of course, to be time within
which entry must be made by privileged
parties, if there be such. After declar
atory statement is filed the applicant has
period Of time equalling thirly-three
months from the time of filing the town
ship map in which to prosecute his appli-
cation, and failing to do it in that time
forfeits that right and stands upon the |
same footing with other individuals. In |
the case Of that part of the town lying |
within the ten-mile railroad indemnity |
limit, the incentive to avail ourselves OF |
the advantage gained by priority of set.
t'ement and possession is yet stronger-
If the right TO purchase acquired when |
the declaratory statement was fled is not |
followed by proof and entry, the railroad |
company will acquire the right to list
the land as an Indemnity section Of its
own.
The time in which proof and payment
for the town site Of Weaverville must be
made will soon expire. To meet the ex-
penses Of entry, etc., it will be seen from
the estimate made by Judge Lovejoy, |
that $1,000 will be r,quired. The law au-
thorizes the judge to borrow sum sufli
c'e 1t to meet these expenses, to be repaid |
ON the proceeds of assessments and |
sale Of lots. This matter is one in which |
every citizen owning town property has
,ep interest, and measures should at
once be taken to raise, by loan, or other
wise, the necessary amount. The Land |
Office at Shasta has been directed to set
a day for hearing the application, and to
issue the required citations to the Rail |
Road Company. Property holders must
see to it that the necessary funds to pur-
chtse the land, pay witnesses, etc., are
ready when wanted, which will probably !
be some time next month.
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SENATOR TTNNtN's RIr1 - Sopotor