to be a valid, legal obligation of such district. The summons shall be published for three weeks in some newspaper of general circulation published in the county where the action is pending. Within ten days after the last publication of the summons any owner of land in such district, or any person interested, may appear and answer the complaint, which answer shall set forth the facts relied upon to show the invalidity of said bonds. If no answer shall be filed within said period the court shall enter judgment as prayed for in the complaint. If any person shall answer the complaint, the court must proceed as in other civil cases. The judgment in such proceeding shall be considered as a judgment in rem and shall be conclusive against said district, and against all owners of land therein and all other interested persons. The necessary expenses of such action shall be paid out of the funds of said district in the same manner that other claims against such districts are paid.

The board of trustees of said district may draw orders upon the said county treasurer to pay any legal charge against said district out of the funds provided by sale of said bonds, which said orders shall be approved by the board of supervisors of the county in which the greater part of said district is situated, and thereafter must be paid by said treasurer out of any money, excepting the bond fund, then remaining in said treasury to the credit of said district; and no order upon the said county treasurer shall be issued by the board of trustees unless there are sufficient funds in said treasury to the credit of said district to pay said order.

The principal of said bonds and the interest thereon shall be paid by revenue derived as follows: Ninety days before any sum or sums shall become due or payable on account of the principal or interest, or both, of said bonds, the board of trustees of the district shall direct that such an installment of the assessment theretofore levied on the lands of said district, and upon which the bonds were issued, as may be necessary to pay the same, shall be collected in the manner provided by law and paid into the county treasury to the credit of the bond fund of said district. Should default be made in the payment of any such installment herein before provided for, or any part thereof, the same shall be collected in the manner provided by law, and all remedies or proceedings now or hereafter provided by law for the collection of reclamation assessment, or for installments thereof, are hereby made applicable to and available for the collection of the installments herein provided for. No part of the money collected upon the assessment or assessments, for which said bonds were issued, shall be used for any purpose other than the payment of the principal and interest of said bonds, and all sums received by the treasurer from said assessments shall be set apart as a separate fund to be known as the bond fund for the payment of said bonds and the interest thereon, such payments must be made upon the principal of said bonds in the order of their maturity.

Whenever such reclamation district is situated partly in different counties, any installment or installments of assessments as herein provided for shall be paid as provided by the Political Code of the state of California for the payment of other installments of reclamation assessments. All sums which shall be paid to the treasurer of any county, other than the treasurer of the county in which the greater part of the district is situated, shall immediately be paid by said treasurer to the treasurer of the county in which the greater part of the district is situated, who shall place the same to the credit of the district as herein above provided.

Upon a sale of any of said bonds the county treasurer is hereby authorized to accept valid outstanding warrants of such district with the accrued interest thereon in payment for said bonds.

No assessor, tax collector, auditor or clerk shall receive any fee for any service required to be performed by them under the provisions of this act. All expenses necessarily incurred in carrying out the provisions of this act shall be paid out of any funds in the county treasury, excepting the bond fund, to the credit of the district, for which the expenses are incurred, upon the order of the board of trustees of said district approved by the board of supervisors of said county.

The bonds of reclamation districts issued pursuant to this act may be lawfully purchased, or received in pledge for loans by banks, trust companies, guardians, executors, administrators and special administrators or by any public officer or officers of this state or of any county, eity, or city and county or other municipal or corporate body within this state having or holding funds which they are allowed by law to invest or loan.

If the assessment in any district, upon which bonds may have been issued proves inadequate to provide funds to pay the principal and interest of said bonds in full or if any deficiency arises, another assessment must be made upon the lands in such district sufficient to pay such deficiency, and assessments must be made from time to time to meet any deficiency arising in the payment of such bonds.

If the trustees deem it advisable they may order a special election to be held prior to making an assessment, to determine whether or not bonds shall be issued for an amount to be stated in the order for such election, but no bonds shall, in such instance, be issued until an assessment for the amount of the bonds authorized at such election shall have been made and filed with the county treasurer. [Amendment approved April 5, 1911; Stats. 1911, p. 648.]

Owners of unclaimed land may have it set off in separate district.

§ 3481. If the owners of lands representing more than two-thirds of any body of lands within any reclamation or swamp-land district, and in which the lands have not been reclaimed, desire to have the said body of lands set off from such district, they must, in addition to the petition required by section 3446, show to the board of supervisors that the said

body of lands is capable of an independent reclamation, and that the district is not prosecuting its work of reclamation with reasonable diligence, or that the lands sought to be set off are not susceptible of practical reclamation in connection with the other lands in the district. [Amendment approved April 5, 1911; Stats. 1911, p. 654.]

Citations. Cal. 156/484.

Designation of districts.

§ 3483. All districts organized or created under this chapter must have a state number, and the register, upon the receipt of a copy of a petition, or certificate of the county clerk that any such district has been formed, must number the same and send the number to the county recorder of the county from which the copy or certificate came, and the recorder must number the district, and the district must thereafter be known and designated by such number. Districts organized before May twenty-eighth, eighteen hundred and sixty-eight, may retain their respective numbers. Whenever any reclamation or swamp-land districts are consolidated, the consolidated districts shall be known by the number of the district containing the larger area of land. [Amendment approved April 5, 1911; Stats. 1911, p. 654.]

Reorganization and consolidation of districts.

§ 3489. Reclamation districts formed, organized or created into districts under special or general laws heretofore or now in force, may reorganize and consolidate in the manner following: Whenever the owners of a majority of acres of land in each of two or more reclamation districts shall desire to consolidate and reorganize, they may do so by filing a notice with the county recorder of the county in which the greater portion of the lands of the combined districts are situated, setting forth that they desire to consolidate and reorganize. The notice must give the exterior boundaries of the said districts, the name and number of each of them, the number of acres of land that each contains, and must be signed by the persons owning the majority of acres of land in each district, and shall designate the number of acres owned by each signer in the district in which the same is situated. The county recorder shall record said notice in a book kept for the purpose of recording papers in relation to reclamation districts. He shall make a certified copy of said notice, and forward the same to the state land register, who shall designate a number for the reorganized district, after which time the district shall be known by such number, and shall be under the operation of and governed by the provisions of this code, and all proceedings thereafter shall be the same as though said district was organized upon an original petition and granted by the board of supervisors; provided, however, that such consolidation and reorganization shall in no manner invalidate the indebtedness of the original districts; and all the laws, rules, and regulations for the assessing, levying and collecting taxes or assessments in said districts shall remain and be in full force and all assessments and collections required for the payment of the then outstanding indebted

ness in said districts, shall be the same as though they had not consolidated and reorganized until such indebtedness shall be paid and liquidated; provided, however, that the provisions of this code relative to assessments and issuing and sale of bonds are hereby made applicable to such districts. The owners of a majority of acres of land in a compact form, capable of being embraced in a swamp land or reclamation district contiguous thereto and not a part of another district, may, by consent of the trustees of such district, have such land embraced within such district, by filing a notice duly acknowledged with the county recorder of the county in which such district is organized; the notice must give the exterior boundaries of said land, the number of acres of land therein, as near as may be, and must be signed by all the persons owning land therein; and there shall be attached thereto or indorsed thereon a written consent of the trustees of said district, duly acknowledged, that said land be embraced therein. Said notice shall be filed with the county recorder of the county aforesaid, and recorded by him in a book kept for that purpose. From the time of filing of such notice, said land shall become and be held as a part of such district; provided, that the reorganization and consolidation of any two or more districts under the provisions of this act shall not be so construed as to legalize any indebtedness or any act of any of said districts, or the officers thereof, prior to the act of reorganization and consolidation; provided, further, that no land not included in some of the original districts shall be included in the reorganization and consolidation without the consent of the owner. [Amendment approved April 5, 1911; Stats. 1911, p. 655.]

Formation of reclamation districts.

§ 3492. The holders of title or evidences of title representing onehalf or more of any body of swamp and overflowed, salt marsh, or tide lands, susceptible of one mode of reclamation, and already reclaimed, or in progress of reclamation, and not included in any existing reclamation district, who may desire to form a reclamation district for the maintenance, protection, or repair of the reclamation works, in, upon, or appertaining to such body of lands, or for the completion of the reclamation thereof, may present a similar petition to that provided for in section 3446, and shall state that such land is reclaimed or in progress of reclamation. Such proceedings shall thereupon be had as are provided for in the formation of other reclamation districts. Such districts, when formed, and the board of trusteos thereof, shall have all the rights, immunities, powers, and privileges of other reclamation dis tricts, and the boards of trustees thereof. Such district shall be subject to all the provisions of the Political Code relating to reclamation districts and the proceedings thereof. [Amendment approved April 5, 1911; Stats. 1911, p. 656.]

Action to determine validity of assessment.

§ 349312. [Repealed April 5, 1911; Stats. 1911, p. 656.]

Citations. Cal. 156/533, 534, 585, 538, 540, 541, 542; 158/197, 199, 205. Application to purchase lands uncovered by recession of waters. Mineral lands.

§ 3493m. Any person desiring to purchase any of the lands now uncovered or which may hereafter be uncovered by the recession or drainage of the waters of inland lakes, and inuring to the state by virtue of her sovereignty, or the swamp and overflowed lands not segregated by the United States, must make an application therefor to the surveyor general of the state, which application must be accompanied by the applicant's affidavit that he is a citizen of the United States, or has declared his intention to become such, a resident of this state, of lawful age, that he desires to purchase such lands (describing them by legal subdivisions, or by metes and bounds, if the legal subdivisions are unknown), under the provisions of this article, for his own use and benefit, and for the use and benefit of no other person whomsoever, and that he has made no contract or agreement to sell the same, and that he does not own any state lands which, together with that now sought to be purchased, exceeds six hundred and forty acres. The provisions of this section shall not affect or apply to any land uncovered by the recession or drainage of the waters of any lake or other body of water, the waters of which are so impregnated with minerals as to be valuable for the purpose of extracting therefrom such minerals; but the land uncovered by the recession or drainage of such waters shall be subject to lease for periods of not longer than twenty-five years upon such charges, terms and conditions as may be prescribed by law. [Amendment approved April 14, 1911; Stats. 1911, p. 903.]

Sale of school lands. Two dollars and fifty cents per acre.

cent interest.

Seven per

§ 3494. The unsold portion of the five hundred thousand acres granted to the state for school purposes, the sixteenth and thirty-sixth sections of school land belonging to the state which are not situated within the exterior boundaries of a military, Indian or forest reservation created by authority of the United States, or of a national forest, national park or national monument, or within the exterior boundaries of lands withdrawn from public entry for forest purposes, and lands selected in lieu thereof on or before March 24, 1909, where the selection was duly forwarded to the local United States land office and given a register and receiver's number and forwarded to the general land office at Wash ington, D. C., and which became and now is a part of the records of such general land office at Washington, D. C., must be sold at the rate of two dollars and fifty cents per acre, in gold coin, payable, twenty per cent of the principal within fifty days from the date of the certifi cate of location issued to the purchaser; the balance, bearing interest at the rate of seven per cent per annum, in advance, is due and pay