Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-09-29

The case of Reclamation District No. 3,
VS.. E. r. Parvin ct al, which was appealed
from the Superior Court of Sacramento
county, has just been decided by the Su-
preme Court, as follows:
This is an action to recover a delinquent
assessment upon certain lands situated in
the reclamation district which is named as
plaintiff. The defendants demurred to the
complaint upon the ground that the action
should have been brought in the name of
the people of the State of California as
plaintiff, and not in the name of the dis
trict, and upon the further ground that the
complaint was ambiguous, unintelligible
and uncertain.
The Court sustained the demurrer, and
the plaintiff declining to amend, Judgment
was entered in favor of the defendants
From this Judgment the appeal is taken.
l. The plaintiff was organized as a rec
lamation district under the provisions of
the Act to provide for the management
and sale of lands belonging to the State
approved March 2S, 1868. Under this Act
delinquent assessments were to be col
lected " in the same manner as is provided
by law for the collection of State and coun-
ty taxes (Sec. So; and it has been held
that actions to collect such assessments
were properly brought in the name of the
people as plaintiff. People vs.. Hagar, 81
Cal, III People VS.. Haggin, 81 Cal, 579)
1t has also been held, since the decision
upon the demurrer in this case that &C
tons to collect such assessments may be
maintained when brought in the name of
the reclamation district as plaintiff, the
district being the real party in interest
Reclamation District, No. 1OS VS.. Hagar, 1
VIC. R., 1881 That decision is decisive of
the point now raised here.
,. The point that the complaint is am
biguous, unintelligible and uncertain is not
well taken. The statute (Section 33) re-
quired the Commissioners to g Jointly view
and assess upon each and every acre to be
reclaimed or benefited thereby, tax" etc.
The word Jointly qualities the words
view" and assess" but it means only
that the three Commissioners, acting jointly
or together, shall view and assess, etc.
The complaint alleges that the Commits
sioners Jointly viewed the lands in the dis
trict and jointly assessed upon each and
every acre to be reclaimed or benefited
thereby the amount of the assessment in
proportion to the whole expense and to the
benefits to result from the works of recla-
nation, and that they made & list showing
the amount of the charges assessed against
each tract of land in the district, with other
necessary particulars.
This, we think, was sufficient, and for
the reasons given the judgment is reversed
and cause remanded, with directions to the
Court below to overrule the demurrer.
II. S. BEALs' PURsE.-The Stockton In
dependent of Saturday says: Last even
ing Sheriff Cunningham arrested a negro
horse-jockey named John Young on a
warrant from Sacramento, charging him
with grand larceny. The jockey is en-
ployed by Lynch 81 Kelley, and, as he is
engaged for several races at San Jose, his
arrest would work hardship to his en-
ployers. Consequently Mr.. Lynch had an
interview with the complaining witness,
II. S. Beals, who agreed to consent to the
discharge of the boy for the time being, on
condition that Mr. Lynch would agree to
have the boy brought into Court when
wanted. The prisoner was taken before
City Justice Bags who discharged the boy
without prejudice to either party The
facts of the case are that on Sunday last
Mr.. Beals, the complaining witness, while
at the track, dropped purse containing
500 and diamond pin An employee Of
the track informed Beals that he saw
Young pick up the purse Beals there
upon swore out a warrant for the Jockeys
arrest. Young, who is about Is years of
age, denies that he picked up the purse"
The last four officers of the navy who
have died committed suicide.