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SEC. 3448. When a district is situated partly in different counties the Trustees must, after the petition has been granted, forward a copy thereof to the Clerk of the Board of Supervisors of each of the counties in which. any portion of the district may lie, and the Board to which the same is forwarded must not allow another district to be formed within such district unless with the consent of the Trustees thereof.

[blocks in formation]

ings on

of petition.

SEC. 3449. If the Board of Supervisors find upon the Proceedhearing of the petition that the statements are correct, approval and that no land is improperly included or excepted from the district, they must note their approval on the petition, which approval must be signed by the President and attested by the Clerk.

SEC. 3450. The petition must then be recorded by the County Recorder in a book kept for the purpose of recording papers relating to reclamations, and a certified copy thereof forwarded to the Register.

SEC. 3451. The Register must thereupon forward to the County Treasurer a statement showing the names of all owners of land in the district who have paid in full for their lands.

Petition, recorded.

when to be

Duty of receipt of

Register on

copy.

District

by-laws

Trustees.

SEC. 3452. After the approval of the petition, the petitioners may make such by-laws as they deem necessary and to effect the work of reclamation and keep the same in repair, and they must elect three of their number, by the votes or consent of the holders of certificates of purchase or patents representing at least one half the land sought to be reclaimed, to act as a Board of Trustees to manage the same.

must be

recorded.

SEC. 3453. The by-laws thus adopted must be signed By-laws by the holders of certificates of purchase or patents signed and representing at least one half of the land so to be reclaimed or benefited, and be recorded by the County Recorder in the same book and immediately following the petition.

Powers of
Trustees.

Board of Trustees to report plans, etc.

Commissioners to

assess

charges for reclamation

purposes.

Warrants, how

SEC. 3454. The Board thus formed have power to elect one of their number President thereof, and to employ engineers to survey, plan, locate, and estimate the cost of the work necessary for reclamation, and the land needed. for right of way, including drains, canals, sluices, water gates, embankments, and material for construction, and to construct, maintain, and keep in repair all works necessary to the object in view.

SEC. 3455. The Board of Trustees must report to the Board of Supervisors of the county, or, if the district is in more than one county, then to the Board of Supervisors in each county in which the district is situated, the plans of the work and estimates of the cost, together with estimates of the incidental expenses of superintendence, repairs, etc.

SEC. 3456. The Board by which the district was formed must appoint three Commissioners, disinterested persons, resident of the county in which the district or some part thereof is situated, who must view and assess upon the lands situated within the district a charge proportionate to the whole expense and to the benefits which will result from such works, which charge must be collected and paid into the County Treasury as hereinafter provided, and must be placed by the Treasurer to the credit of the district, and paid out for the work of reclamation upon the warrants of the Trustees, approved by the Board of Supervisors of the county.

SEC. 3457. The warrants drawn by the Trustees must, after they are approved by the Board of Supervisors, be If not paid, presented to the Treasurer of the county, and if they are

presented.

to draw interest.

District situated partly in different

not paid on presentation like indorsement must be made thereon, and they must be registered and draw interest. in like manner as county warrants.

SEC. 3458. If a district is situated partly in different counties the charge must be paid into the Treasury of the county in which the particular tract may be where paid. situated.

counties;

charges,

charges

may be

assessed.

SEC. 3459. If the original assessment is insufficient to Additional provide for the complete reclamation of the lands of the district, or if further assessments are from time to time required to provide for the protection, maintenance, and repair of the reclamation works, the Trustees must present to the Board of Supervisors by which the district was formed a statement of the work to be done and its estimated cost, and the Board must make an order directing the Commissioners who made the original assessment, or other Commissioners to be named in such order, to assess the amount of such estimated cost as a charge upon the lands within the district, which assessment must be made and collected in the same manner as the original

assessment.

sioners to

SEC. 3460. The Commissioners appointed by the Board Commisof Supervisors must make a list of the charges assessed make against each tract of land.

SEC. 3461. The list must contain:

1. A description by legal subdivisions or natural boundaries of each tract assessed;

2. The number of acres in each tract;

3. The names of the owners of each tract, if known, and if unknown, that fact;

4. The amount of the charge assessed against each tract.

SEC. 3462. The list so made must be filed with the County Treasurer of the county, or if the district is partly situated in different counties, then the original list must be filed in the county first in order under alphabetical arrangement, and copies thereof certified by the Commissioner must be filed with the Treasurer of each of the other counties.

assessment lists.

Form of lists.

Lists, how

and where

filed.

acquired

SEC. 3463. From and after the filing of the list or Lien certified copy thereof, the charges assessed upon any by filing tract of land within the county constitutes a lien thereon.

SEC. 3464. When the list or a certified copy thereof is filed, the Treasurer must credit each owner who has

lists.

Credit to to owner

be given

of land.

Payment, how made.

Delinquent charges, how collected.

Work of reclamation to be done under

paid in full for his land with eighty cents per acre, less the amount deducted by the Register of the Land Office, under the provisions of section thirty-one of "An Act to provide for the management and sale of lands belonging to the State," approved March twenty-eighth, eighteen hundred and sixty-eight.

SEC. 3465. The lists thus prepared must remain in the office of the Treasurer for thirty days, or longer, if ordered by the Board of Trustees, and during the time they so remain any person may pay the amount of the charge against any tract to the Treasurer, without cost.

SEC. 3466. If, at the end of thirty days, or of the longer time fixed by the Trustees, all of the charges have not been paid, the Treasurer must return the lists to the District Attorney, who must proceed at once against all delinquents in the same manner as is provided by law for the collection of State and county taxes, for the collection of such charges, with interest thereon from the time the lists were returned to him, and costs.

SEC. 3467. The work necessary for reclamation must be executed under the direction and in the manner predirection of scribed by the Board of Trustees.

Trustees.

Accounts

to be kept open to inspection.

Subsequent purchasers

by by-laws.

SEC. 3468. The Board must keep accurate accounts of all expenditures, which accounts, and all contracts that may be made by them, are open to the inspection of the Board of Supervisors and every person interested.

SEC. 3469. The purchaser of any tract of land which governed may be unsold in any reclamation district at the date of filing of the by-laws takes the same, subject to all the provisions of such by-laws, and to the charges assessed in pursuance thereof.

Rights of purchasers.

SEC. 3470. Such purchaser has all the rights and privileges enjoyed by the original signers of the by-laws, if he pays into the County Treasury twenty per cent of the principal, one year's interest on the remaining eighty per cent, and any charges assessed against the land so pur

chased for the cost and expense of reclamation, with interest thereon from the date such charges became due.

may be

demned for

tion

SEC. 3471. The Trustees of any reclamation district Property in which the by-laws have been filed, may acquire rights conof way for canals, drains, embankments, and other work reclamanecessary to the reclamation, and may take materials for purposes. the construction, maintenance, and repair thereof, from lands outside of as well as within the limits of the district; and if the Trustees cannot procure the consent of the owner of the lands or material needed, they, or the President acting in their behalf, may proceed under the provisions of Title VII, Part III of the Code of Civil Procedure, for the condemnation thereof.

may

without in

tervention

of Trustees.

SEC. 3472. Whenever any district, susceptible of one Owners mode of reclamation, is entirely owned by parties who reclaim desire to reclaim the same and to manage the reclamation without the intervention of Trustees or the establishment of by-laws, they may file the petition provided for in sections three thousand four hundred and fortysix and three thousand four hundred and forty-seven, and must state therein that they intend to undertake the reclamation on their own responsibility.

powers and

SEC. 3473. If the petition is granted the owners of the Their lands have all the rights, immunities, and privileges duties. granted to Boards of Trustees; and in all proceedings the names of the owners may be used instead of the names of Trustees.

works of re

are in

interest

SEC. 3474. Whenever the Supervisors of any county When in which any reclamation district has been formed cer- clamation tify to the Register that works of reclamation are in progress, progress upon a plan and in conformity with the require- to cease. ments herein before provided, the payment of interest by purchasers in such districts is suspended; but if the works are not completed and accepted within four years. from the date of the filing of the petition, then interest for the whole time must be charged and collected by the Register.

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