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Compensation.

Repeal.

Sec. 12. The per-diem compensation of said Commissioners shall be fixed and paid by the respective counties to which they belong.

Sec. 13. So much of an Act granting to the Electors of Calaveras County the privilege to vote for or against a division of said county, and to organize the County of Amador, passed May eleventh, eighteen hundred and fifty-four, as conflicts with the provisions of this Act is hereby repealed.

CHAPTER CXXXI X.

AN ACT

To provide for the Disposal of Lots in the Towns and Villages, on the

Public Lands in the County of Humbolt.

(Approved April 27, 1855.)

The People of the State of California, represented in Senate and

Assembly, do enact as follows :

Lands to be entered.

By whom.

Under what Acts.

Section 1. The Public Lands not being miveral lands, occupied as towns and villages in the county of Humbolt, at any time after the passage of this Act, shall be entered at the proper Land office, by the corporate authorites of any such town, if the same be incorporated, and if not incorporated, by the Board of Supervisors, of Humbolt county, in trust for the several use and benefit of the occupants of such town, according to their respective interests, in accordance with the provisions of an Act of Congress entitled "An Act for the relief of citizens of towns upon the Public Lands of the United States, under certain circumstances” approved May twenty-third, eighteen hundred and forty-four, as amended by an Act entitled "An Act to provide for the survey of the Public Lands in California, the granting of pre-emption rights thereon, and for other purposes," approved March third, eighteen hundred and fifty-three.

SEC. 2. It is hereby made the duty of the County Surveyor of said county, when called upon by the Board of Supervisors or corporate authorities, as the case may be, and under his or their direction, to proceed to lay out such town lots in said county, numbering the lots and blocks in such town conforming as far as possible, to the original plan thereof, and reserving for the public use, ornament and health, as many lots or blocks as may be deemed necessary for such purposes ; and it shall also be the duty of the County Surveyor, to make or cause to be made, two maps or plats of each of the towns in said county, surveyed by him as aforesaid, one to be deposited with the Board of Supervisors, or corporate authorities of the town, for the use of the town, and one with the County Recorder of said county.

Sec. 3. Immediately after the entry of the lands at the proper

Duts of
Surveyor

payment

Land office, as provided by the first section of this Act, the Board Duty of of Supervisors, or corporate authorities, as the case may be, shall authorities. cause notice to be put in the newspapers published in said county, or if none be published therein, then in a newspaper published most convenient thereto, to be inserted once a week for the term of three months ; requiring every claimant or claimants of any town lot or lots, or parcel of land, to file in the office of the County Clerk, of said county, in case the town is unincorporated, or with the corporate authorities thereof, if the town be incorporated, within three months from the date of the first publication of the notice, a statement of his or statement their claim, describing particular (particularly] the lot or lots, or par- of claim. cels of land, setting forth the grounds upon which it is founded, and within sixty days after the expiration of the notice as aforesaid, proof proof and of such claim and payment of the price fixed on the lot or lots, or payment. parcel of lands claimed as hereinafter provided must be made, and no claim shall be filed, or any proof shall be permitted to be made, after the terms respectively prescribed in this section.

Sec. 4. The expenses incurred in entering and surveying the lands Expenses. as provided in this Act, and the amount required to be paid for said land, at the proper Land Office, shall be by the said Board of Supervisors, in case the town be unincorporated, and by the proper corporate authorities of the town, if the same be incorporated, assessed and apportioned with equality, upon all the lots or parcels of land in said town, and no claim shall be allowed, or certificate awarded No claim to any claimant or claimants, unless payment be made if required of plywed until the proportion due from such claimant or claimants. SEC. 5. The evidence required to establish any claim, to any lot Evidence.

. or lots, or parcels of land in any town in said county, under the provisions of this Act, shall be, that the claimant thereof, is a citizen of the United States, or has declared his intention to become such, previous to the filing of his claims as herein before provided; is a citizen of such county, and was one of the original occupants and locators of such town, or holds his right to such lot or lots, or parcels of land, from such original occupant and locator, or his assignees; provided, Proviso. no right to any unimproved lot or lots, or parcels of lands as last above mentioned, acquired after the passage of this Act, shall be respected unless the person fron, whom the same be acquired, be at the time a resident of said county, or that said claimant or the person under whom, he or she claims bas for the last year preceeding the passage of this Act, been in the bona-fide and peaceable possession of the lot or lots, or parcels of land so claimed, and shall have improved the same.

Sec. 6. The said Board of Supervisors or corporate authorities, Disposition as the case may be, shall proceed to dispose of the lots or parcels of of lots. land, claimed as provided in this Act, and for that purpose shall as soon as practicable, examine each and every claim filed as herein provided, and any papers, in the support of the same, and hear such proof as the claimant or claimants may submit, to establish his or their right thereto ; and if the same shall be found to comply with the provisions of this Act, and no conflicting claims, shall have been filed, the said Board of Supervisors or corporate authorities, as the case may be, shall issue a certificate confirming his or their claim, which certificate may be recorded in the Recorder's office of said county, in like manner, and with the same effect as deeds are rccorded.

Power of

a

Proviso,

Certificates.

Proviso.

Sec. 7. In all cases where there shall be a dispute or contest in re. Disputed claims. gard to the title to any lot or lots or parcels of land in the said town,

the Board of Supervisors or corporate authorities, as the case may be, shall hear the testimony relating thereto, and shall give their certificate to such person or persons, as may seem to be justly entitled to the same ; provided however, nothing contained in this Act shall be so construed, as to prevent any person or persons aggrieved by the decision of the said Board of Supervisors, or corporate authorities, from pursuing his, her or their right, to any such lot or lots or parcels of land, at law or equity.

Sec. 8. The certificates herein mentioned, or certified copies of the same, under the hand of the County Recorder shall be deemed ard taken in all the Courts of Justice as prima facie evidence of the facts stated therein, and as conveying a title to the holder, or person or persons in whose favor the same may be issued; provided, that when there shall have been a dispute or contest, as provided in section seventh of this Act, and the party aggrieved, shall in good faith and without unnecessary delay prosecute his or their right in the proper tribunal, the provisions of this section as to the effect of a certificate, shall not be applicable, but the rights of the parties before such tribunal, shall be adjudicated

on their original claims as though no confirmation had been made. Unimproved Sec. 9. All lots or parcels of land remaining uuproved, at the How disposed of expiration of the time specified in section third of this Act shall

be deemed as property of the town or village in which they are situated, and shall be held as such in trust, by the corporate authorities; or if there be none, by the Board of Supervisors, and shall be disposed of in a manner as such authorities may direct; provided, such lots shall be sold by auction to the highest bidder, after giving public notice for the space of at least thirty days; the proceeds of such sale to be appropriated to the exclusive benefit of such towns or villages.

Sec. 10. Whenever a patent shall issue to said town or village, under the existing laws of Congress, it shall inure to the several benefit of those whose claims have been confirmed, and to whom certificates have issued to every intent, as though the same had been issued directly

to them without any further or additional conveyance; and it is hereby Patent to be made the duty of the corporate authorities, or the Board of Supervisors,

lands.

Proviso.

Patent.

as the case may be, to cause said patent, when so issued, to be recorded in the Recorder's office of said county.

recorded.

CHAPTER CXL.

AN'ACT

Supplementary to and amendatory of an act entitled " An Act_concern

ing Conveyances,passed April 16th, 1850.

[Approved April 27, 1855.]

The People of the State of California represented in Senate and

Assembly, do enact as follows :

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Section 1. Every interest in real estate granted or devised to Interests in two or more persons, other than executors and trustees as such, shall real estate. be a tenancy in common, unless expressly declared in the grant or devise to be a joint tenancy.

Sec. 2. The term heirs, or other words of inheritance, shall not Term “ heirs ” be necessary to create or convey an estate in fee simple; and every conveyance of any real estate hereafter executed, shall pass all the Conveyances. estate of the grantor, unless the intent to pass a less estate shall appear by express terms, or be necessarily implied in the terms of the grant.

Sec. 3. Where a remainder in land or tenements, goods or chat- Heirs or issue. tels shall be limited by deed or otherwise, to take effect on the death of any person without heirs, or heirs of his or her body, or without issue, the word “heirs” or “issue” shall be construed to mean heirs or issue, living at the death of the person named as ancestor.

Sec. 4. A future estate depending on the contingency of the Posthumous death of any person without heirs or issue, or children, shall be defeated by the birth of a posthumous child of such person, capable of taking by descent.

Sec. 5. Where an estate shall be by any conveyance limited in re- Limited estate. mainder to the son or daughter or issue, or to the use of the son or daughter or issue of any person to be begotten, such son or daughter, or issue, born after the decease of his or her father, shall take the estate in the same proportion, and in the same manner as if he or she had been born in the lifetime of the father, although no estate shall have been created or conveyed to support the contingent remainder after his death.

Sec. 6. Grants of rents or of reversions or remainders shall be Grants of good and effectual without attornments of the tenants ; but no ten-rents, &c. ant who, before notice of the grant, shall have paid rent to the Tenants not grantor, shall suffer any damage thereby.

Sec. 7. The attornment of a tenant to a stranger shall be void Attornment unless it be with the consent of the landlord of such tenant,'or in of tenant. pursuance to, or in consequence of, a judgment or decree of some court of competent jurisdiction.

Sec. 8. Lineal and collateral warranties, with all their incidents, are Lineal abolished; but the heirs and devisees of every person who shall have made any covenant or agreement in reference to the title of, in, or to, any real estate, shall be answerable[upon such covenant or agreement to the ex- Heirs tent of the land descendedor devised to them in the cases, and in the

answerable. manner prescribed by law.

to suffer.

Warranties.

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Grant, bargain and sell."

Incumbrances.

Covenants.

Sec. 9. The words“ grant, bargain and sell” in all conveyances hereafter to be made, in and by which any estate of inheritance or feesimple, is to be passed, shall, unless restrained by express terms, contained in such conveyances, be construed to be the following express

covenants, and none other, on the part of the grantor, for himself and his Conveyance heirs to the grantee, his heirs and assigns; First, that previous to the

time of the execution of such conveyance, the grantor has not conveyed the same real estate, or any right, title, or interest therein, to any person other than the grantee ; Second, that such real estate is at the time of the execution of such conveyance, free from incumbrances done, made or suffered by the grantor, or any person claiming under him; and such covenants may be sued upou in the same manner as if they had been expressly inserted in the conveyance.

Sec. 10. Sections twenty-four and twenty-five of said Act, entitled "An Act concerning Conveyances," passed April sixteenth, eighteen

hundred and fifty, are hereby amended so as to read as follows: Section Conveyances to 24. Every conveyance of real estate, and every instrument of writing, be recorded.

setting forth an agreement to convey any real estate, or whereby any real estate may be affected, proved, acknowledged and certified in the manner prescribed in this Act, to operate as notice to third persons,

shall be recorded in the office of the Recorder of the county in which Valid without such real estate is situated, but shall be valid and binding between the recording.

parties thereto, without such record. Section 25. Every such convey.

ance or instrument of writing acknowledged or proved and certified, and Conveyance to

recorded in the manner prescribed in this Act, shall from the time of impart notice. filing the same with the Recorder for record, impart notice to all persons Subsequent

of the contents thereof; and subsequent purchasers and mortgagees shall purchasers.

be deemed to purchase and take with notice.

Amendment.

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To amend an Act entitled An Act to provide for the Support of

the Government of this State, passed May 15, 1854.

(Approved April 27, 1855.)

The People of the State of California, represented in Senate and

Assembly, do enact as follows:

Section 1 amended.

Section 1. That section first of an Act entitled An Act to provide Revenue for the Support of the Government of this state, passed May

15th, 1854, is hereby amended so as to read as follows: Section first. Ad valorem tax. “An annual ad valorem tax of sixty cents upon each one hundred dollars

shall be levied upon the assessed value of the real and personal property in this State, subject to taxation, as hereinafter in this section named, to be paid as herein provided; five cents on each one hundred

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