Redemption. Unclaimed lands. School lots. False oaths. Frauds. Coin. limits of said town site; and he shall give to the purchaser at such sale a certificate of his purchase, setting forth therein the description of the premises sold, the amount paid, and that the same is subject to redemption, as prescribed in the next section; provided, that no sale shall be made for less than the whole amount of assessments and the costs of making the sale, which costs shall be divided pro rata among the several parcels offered for sale. SEC. 13. At any time within six months after such sale the original claimant shall be entitled to redeem such premises, by paying to the purchaser, or to the Clerk of the said Board for the purchaser, double the whole amount of the purchase money, in gold and silver coin; but in case no redemption be made, the purchaser, his heirs or assigns, shall be entitled to demand and receive from the said Board a deed of such premises, which deed shall be absolute as against the parties delinquent, and shall entitle the grantee, his heirs or assigns, to a writ of assistance from the District Court having jurisdiction of the premises. SEC. 14. If there shall be any unoccupied or vacant unclaimed lands within the limits of such town site, the said Board shall cause the same to be laid out and surveyed into suitable blocks and lots, and shall reserve such portions as may be deemed necessary for public squares and school-house lots, and shall cause all necessary roads, streets, lanes and alleys to be laid out through the same and dedicated to public use; and the said Board may sell the same in suitable parcels to possessors of adjoining lands, or to other citizens of said town, at a price not less than five dollars per acre or fraction of an acre in gold coin; and in case two or more claimants apply for the same tract, or parcel of the same tract, they shall sell the same by auction to the highest bidder. And if any such lands remain unsold at the end of six months after the filing of the town plat, the said Board shall have power and authority to sell such vacant lands at public or private sale in such manner and on such terms as they may deem advisable for the best interests of the town, and shall give deeds therefor to the several purchasers. SEC. 15. All school lots and parcels of land reserved for school purposes shall be conveyed to the School Trustees of the school district in which such town is situate, without cost or charge of any kind whatever. SEC. 16. If any person shall falsely make oath to any affidavit required to be made by this Act, he or she shall be deemed guilty of perjury and upon conviction shall be punished accordingly. SEC. 17. If any guardian or administrator, or tenant, joint tenant, tenant in common, coparcener or partner in the possession of any of the lands mentioned in this Act, shall fraudulently procure, or cause, permit, suffer or allow any deed to be obtained therefor, for his or her sole benefit, or by his or her neglect allow the same to be done by others, such deed shall be null and void and shall convey no title; and an action may be brought by any party injured or aggrieved thereby, or claiming any interest in such premises, for the recovery of such interest, at any time within five years after the discovery of such fraud. SEC. 18. All moneys required to be paid by any person under this Act shall be paid in gold and silver coin; except that for the payment of the price of the land to the Government of the Legal United States, the municipal Boards shall be authorized and tenders. required to purchase, at the market price, so much in legal tender notes as may be requisite therefor. SEC. 19. All expenses necessarily incurred or contracted by Expenses. the carrying into effect of the provisions of this Act shall become a charge upon the City or Town Treasury of each particular city or town ordering the work to be done, to be paid out of the Treasury, upon order of the corporate authorities; and all moneys paid for lands or to defray the expenses of carrying into effect the provisions of this Act shall be paid into the City or Town Treasury by the officers receiving the same, and shall constitute a special fund, from which shall be paid all expenses, and the surplus, if any there be, shall be paid into the General Fund. validate. SEC. 20. No mere informality, failure or omission on the part Informfiality of any of the persons or officers named in this Act shall invali- not to indate the acts of such person or officer; but every certificate or deed granted to any person pursuant to the provisions of this Act shall be deemed, taken and considered as conclusive evidence that all preliminary proceedings in relation thereto have been correctly taken and performed; provided, that the City of Petaluma Petaluma is hereby excepted and exempted from the provisions excepted. of this Act. SEC. 21. This Act shall take effect and be in force from and after its passage. CHAPTER CCCCII. An Act supplemental to an Act to authorize the City of Oakland to purchase land and erect a City Hall, and to issue bonds of said City and provide for the payment of the same, passed March nineteenth, eighteen hundred and sixty-eight. [Approved March 28, 1868.] The People of the State of California, represented in Senate and SECTION 1. In addition to the bonds authorized to be issued Bonds to pay under the above entitled Act, to which this is supplemental, the judgments. Council of the City of Oakland may issue bonds of said city, to an amount not exceeding eighteen thousand dollars, to the holder of any final judgment now existing in full force against said city, in payment and satisfaction thereof; said bonds to be similar in all respects to those authorized to be issued under the said Act to which this is supplemental; and all the provisions and guarantees of the said Act, so far as the same may be applicable, shall also apply to the said additional bonds hereby authorized to be issued. SEC. 2. This Act shall take effect immediately. Index to be made. CHAPTER CCCCIII. An Act to supply deficient records in the County Clerk's office in the [Approved March 28, 1868.] The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors of the County of Sac- SEC. 2. This Act shall take effect from and after its passage. Record. CHAPTER CCCCIV. An Act to amend an Act entitled an Act to enlarge the powers of the [Approved March 28, 1868.] The People of the State of California, represented in Senate and SECTION 1. Section five of said Act is hereby amended so as Section 5. The said company shall keep a correct account of all costs of construction and keeping in repair of such roads, and all expenses of collecting tolls, together with the amount of tolls collected, which shall be verified by the oath of the toll gatherer or some responsible person, and presented to the Board of Supervisors at their regular meeting in February, in each Supervisors and every year. The Board of Supervisors shall have the privilege of purchasing for the county any road so granted and improved, at the costs of the improvements, at any time during the continuance of the franchise. may purchase toll roads. SEC. 2. This Act shall take effect and be in force from and after its passage. 1 CHAPTER CCCCV. An Act concerning roads and highways in the County of Mendocino. The People of the State of California, represented in Senate and SECTION 1. The Board of Supervisors of Mendocino County Powers of shall have power to locate, construct, repair, change the loca- Supervisors. tion of, and abolish roads. SEC. 2. All roads shall be sixty-six feet wide unless for good Location of cause the Board of Supervisors shall expressly order otherwise. roads. SEC. 3. For the purpose of locating a road the Board of Supervisors of said county may appoint three locators, whose duty it shall be to locate the road and mark the alignment by stakes or other conspicuous objects placed not more than forty rods apart. Any two of said locators may act. SEC. 4. Said locators shall give notice to the occupants or claimants of the land through which said road is located (if such occupants or claimants are known to them) of the location of said road. They shall also make a written report to the Board of Supervisors, in which they shall accurately describe the location of the road and the persons notified, and of the land through which the road runs, the claimants or occupants of which are unknown to them; and the report shall also state the time when said road was located, and the said report shall be conclusive evidence of the facts mentioned therein." SEC. 5. The owners of the land through which the road passes Damages. may at any time within thirty days after the location thereof file a complaint for damages with the Clerk of the Board of Supervisors. The complaint shall be verified, shall fully set forth the complainants' title and interest in the land, and shall conform in all respects to the requirements of a complaint in a suit in the District Court. SEC. 6. At the next regular term after the filing of said complaint the Board of Supervisors shall summarily audit and pass upon the claim for damages, and if they think it just shall make an allowance, which shall be paid as other demands against the county. SEC. 7. If the owners or claimants of the land shall not file their complaint within thirty days after said location, they shall be deemed to have waived all right to damages, and if they shall not bring suit within thirty days after the allowance of the Board of Supervisors they shall be deemed to have accepted the allowance. sue. SEC. 8. If the owners or claimants of said land refuse to owners may accept the allowance of the Board of Supervisors, they shall, within thirty days thereafter, institute a suit against the county, and for that purpose shall demand the complaint filed with the Clerk of the Board of Supervisors, which complaint shall be filed in the Court where suit is brought, and shall be the complaint in the institution of said suit. SEC. 9. If the plaintiff recover more damages than allowed Adverse claims. True loca tion. Roads for private benefit. Road dis tricts. Road Overseers by the Board of Supervisors the county shall pay the costs; but SEC. 10. Whenever in such suit a question arises involving SEC. 11. The suits shall be conducted in all respects, and the same rules shall apply, as in other suits against the county, except as in this Act is otherwise provided. SEC. 12. The District Attorney may answer the complaint in behalf of the county, but it shall not be necessary for him to verify said answer. SEC. 13. In the trial of any issue involving the location of any road in said county, the ground usually traveled over and used as such road shall be deemed to be the true location thereof and an actual survey thereof shall in no case be necessary. SEC. 14. Whenever any person claiming damages on account of the location of a road shall be entitled to draw a warrant therefor, due compensation shall be deemed to have been tendered such person, and the ground occupied by such road shall become the property of said county. SEC. 15. When the locators shall report their proceedings, the Board of Supervisors may make an order to establish said road on the line located, or may change the location thereof, or may order another review by the same or other locators; but in no case shall it be indispensably necessary to appoint locators to alter or change the location of a road. SEC. 16. When application is made for a road principally for the benefit of one or a few individuals, the Board of Supervisors shall require such individuals to file a bond, with sufficient security in such amount as the Board may think fit, for the payment of all costs, expenses and damages in the locating, constructing and opening of said road; and such individual or individuals may also be required to deposit with the County Treasurer all such costs, expenses and damages in advance. SEC. 17. When the Supervisors shall establish, alter, change or abolish any road, they shall cause a full description of the line to be entered on the minutes. SEC. 18. No road shall be opened through any land having a growing crop thereon, without the owners consent, within five months after the location, unless said crop shall be sooner severed from the soil. SEC. 19. The Board of Supervisors of said county shall divide the county into convenient road districts, which may be defined either by metes and bounds, or other lines or landmarks. SEC. 20. The Board of Supervisors shall appoint a Road Overseer for each road district, whose term of office shall commence on the first Monday in March after his appointment, and shall continue one year, or until his successor is appointed and qualified. No Overseer shall be appointed unless his appointment be recommended by at least twenty, or more than half (should the half be less than twenty), of the qualified electors in the district; provided, however, that at the regular February term the |