Year: 1868




| Act for the relief of the inhabitants of cities
aud towns upon the public lands, approved
March second, eighteen hundred and sixty-seven.
[Approvcd March 80, 1861


The People OF the State of California, represented


in Senate and Assembly do enact as follows


SECTION l. 1t shall be the duty Of each Of the
persons who may be acting as Il County Judge
and Judge Of the County Court of any county
in this State to enter at the proper Land Once
Of the United States such quantity Of land as the
Inhabitants OF any unincorpOrated town situated
| in the county of such County Judge may be enti.
tied to claim in the aggregate, according 10 their
population, in the manner required by the laws
of the United States and the regulations pre-.
scribed by the Secretary Of the Interior Of the
United States, and to make and sign all neces-
sary declaraory statements. certificates and afd
davits or other instruments requisite 10 carry in
to effect the intentions of this Act and the inten-
tons OF the Act o. Congress of the United States
entitled an Act for the relief of the inhabitants
OF cities and towns upon the public lands, ap-
proved March second, eighteen hundred and sixty
seven, and to make proof, when required, Of the
facts necessary 10 establish the claim of such in
habtants to the lands SO granted by said Act Of
Congress.


Sec. 2. The County Judge of any county in this
State. whenever he shall he so requested by u
petition signed by not less than five resi-
dent householders in any unincorporated town





the year preceding such application on-whch pc
ttion shall set forth the existence, name and To-
caty OF such town whether such town is stu
atcd on surveyed or unsurveyed lands, and If on
surveyed lands the quarter sections or lesser sub
divisions covered thereby shall be stated the es
tmated number Of / Is Inhabitants !; the pumber
of separate lots OF parcels Of land within such
town site, and the amount of land 10 which they
are entitled under said Act Of Congress shall es-
mate the cost OF entering such land and of the
survey and recording OF the same. and shall in
dorse such estimate upon said petition and upon
| receiving from any OF the parties interested the
amount OF money mentioned in such estimate,
| the County Judge may, il he shall deem it neces.
sary. cause IN enumeration of the inhabitants of
such town TO be made by some competent person,
who shall be appointed Tor that purpose by such
County Judge; aud such enumeration shall he re-
turned by the person so making the same, exhib-
itng therein names OF all the heads of families
aud occupants OF lots. lands or premises within
such town site alphabetically arranged, verified
by bis oath, TO the County Judge Of the county.
SEC. The said County Judge shall thereupon
| cause survey 10 be made, by some competent
person, OF the lands which the inhabitants o: said
town may be entitled to claim under the said Act
of Congress located according to the legal subdi-
visions OF the sections and by the section lines of
the United States, and the same shall be distinct
| iy marked by suitable monuments. Such survey
snail further particularly designate all streets





school lots, cemeteries and commons, as the same
exist and hav G been heretofore dedicated in any
| manner to public use and, by measurement, the
precise boundaries and area of each and every
, lot or parcel of land and premises claimed by
any person. corporation association within said
| town site shall be designated on the plat show
| ing the name or names OF the possessor or occu-
| pant, and claimant, il other than the occupant,
OF each particular lot and parcel OF land and in
case of any disputed cl,m as to lots, lands, pre-
misses or boundaries, the said surveyor, If the
same be demanded by any person, shall designate
the lines lin different color from the body of the
plat> of such part of any premises so disputed or
claimed adversely. A plat thereof shall be made
| in triplicate ON IA scale of not less than eighty
feet 10 one inch. which shall be duly certified
under oath by the surveyor, one OF which shall
be filed with the County Recorder OF the county
| tied with the County Judge. and one shall be de-
posted with the Justice of the Peace resident III
or nearest to such town. These plats shall be
considered public records, shall each be accom-
panied with copy of the field notes, and the
County Recorder shall make record thereof in
book to be kept by him for that purpose. The
| said surveyor shall number the blocks as divided
| bv the roads and streets opened at the time of
making such survey, and shall number the sew era'
| lots consecutively in each block, and all other
parcels OF land within said town site surveyed as
herein provided, which said numbers shall he a
sufficient description OF any parcel OF land In said
plat when mentioned by reference to such town
plat and such plats field notes and records, and
certified copies thereof, shall be prima facie ev-
dence OF the contents and correctness thereof IN
all the Courts OF this State.


SEC. 4. Before proceeding to make such survey,
ut least ten days notice shall be given by the
County Judge, by posting within the limits OF
such town site not less than five written or print.
| ed notices of the time when such survey shall
commence, and by publication thereof in news
paper published in such town, II one there be.
| The survey of said town lands sh Ill he made to
the best advantage, and at the least expense 10
the holders and claimants thereof; and the said
County Judge is hereby authorized 10 receive bids
for such surveying, and to let the same by con-
| tract TO the lowest competent bidder.


SEC. S. All streets, roads, lanes and alleys,
| public squares, cemeteries and commons, survey
eed marked and plated on the map Of any town
site as prescribed and directed by the provisions
of this Act. shall be deemed and considered, and
they are hereby declared to be, dedicated to pub
lie use, by the filing Of such town plat in the office
of the County Recorder, and shall be inalienabie,
unless by special order of the Board Ot Supervis-
ors Of the county, SO long as such town shall re-
main unincorporated and it such town shall at
any time hereafter become Incorporated. then
the same shall become the property OF such town
or city, and shall be under the care and subject
to the control of the Board Of Trustees or other
municipal authority OF such town or city.


SEC 6. Each lot or parcel Of said lands having
thereon valuable improvements, or buildings Or
dinarily used as dwellings or for business pur-
poses. not exceeding one tenth of one acre IN
area shall be rated and assessed by the said Coun'
ty Judge at the sum Of one dollar |; each lot or
parcel of such lands exceeding one tenth and not
exceeding one eighth of one acre in area shall be
rated and assessed at the sum of one dollar and
fifty cents each lot or parcel of such lands ex-
ceeding in area one eighth of one acre and not
exceeding one quarter Of an acre in area shall be
rated and assessed at the sum Of two dollars and
each lot and parcel of such lands exceeding one
quarter OF an acre and not exceeding one half OF
an acre in area shall be rated and assessed at the
sum of two dollars and one half and each lot or
parcel par Of land so improved exceeding one half an
acre in area shall be assessed at the rate OF two
dollars and one half for each half an acre or or
fractional part ever half an acre and every lot
or parcel OF land inclosed, which may not DO DO
otherwise improved, or uninclosed, claimed ~
1 .nu na,son cornoration or association, shall be