Sidebilder
PDF
ePub

as is herein before described, and shall bear interest at the rate specified in the resolution of intention to do said work. They shall have annual coupons attached thereto, payable in annual order, on the second day of January in each year after the date of the bond, until all are paid, and each coupon shall be for an even annual proportion of the principal of the bond. They shall have semi-annual interest coupons thereto attached, Interest the first of which shall be payable upon the second day of coupons. January or July, as the case may be, next after its date, and shall be for the interest accrued at that time, and the last of which shall be for the amount of interest accruing from the second day of January or July, as the case may be, next preceding the maturity of said bonds to the maturity thereof. The city treasurer shall, in addition to his other duties in the premises, report all coupon payments of principal city treasupon said bonds to the street superintendent, who shall forthwith indorse the same upon the margin of the record of the assessment to the credit of which the same is paid, and said assessment shall be a first lien upon the property affected thereby, until the bond issued for the payment thereof, and the accrued interest thereon, shall be fully paid. Said bonds, by their issuance, shall be prima facie evidence of the regularity of all proceedings thereto under said street work act, and this act, previous to the making of the certified list of all assessments unpaid to the amount of twenty-five dollars or over by the street superintendent, to the city treasurer, and of the validity of said lien, up to the date of said list.

SEC. 4. Section five of said act is hereby amended to read as follows:

Duty of

urer, etc.

for delin

ments.

Section 5. Whenever, through the default of the owner of sale of any lot or parcel of land to represent the assessment upon which property such bond has been, or may hereafter be, issued, any payment, quent payeither upon the principal, or of the interest, has not been or shall not be made when the same has become or shall become due, and the holder of the bond thereupon demands, in writing, that the said city treasurer proceed to advertise and sell said lot or parcel of land, as herein provided, then the whole bond, or its unpaid remainder, with its accrued interest, as expressed in said bond, shall become due and payable immediately, and on the day following shall become delinquent.

Subdivision a. Upon the application of the holder of any Procedure. bond that is now or shall hereafter become delinquent as provided in this section, the said city treasurer shall publish for two weeks in a newspaper of general circulation, to be designated by him, published in the city where his office is situated, a notice which must contain the date, number, and series of the delinquent bond, a description of the property mentioned in said bond, and the name of the owner of such property (if known), and if unknown, the fact shall be so stated, the amount due thereon, and a statement that unless the amount of said bond and the interest due thereon, together with the cost of publication of such notice, are paid, the real property described in said bond will be sold at public auction on a day to be

Same.

Costs to be collected.

Payment of delinquency.

Treasurer's duty.

Lien; how discharged.

Redemption of property.

Duty of recorder.

therein fixed, which shall not be less than fifteen nor more than thirty days from the day of the first publication of said notice, and the place of such sale, which must be the office of the said city treasurer.

Subdivision b. The city treasurer, before the day of sale hereinafter provided for, must file with the city clerk a copy of the publication, with an affidavit of the publisher of such newspaper, or some one in his behalf, attached thereto, that it is a true copy of the same; that the publication was made in a newspaper, stating its name and place of publication and the date of each appearance in which such publication was madewhich affidavit is primary evidence of all the facts stated therein. Subdivision c. The city treasurer must collect, in addition to the amount due on such bond, the cost of the publication of such notice, and fifty cents for the certificate of sale, as hereinafter provided.

Subdivision d. At any time prior to the sale, the owner or person in possession of any real estate offered for sale under the provisions of this act may pay the whole amount of said bond then due, with costs, and such bond shall thereupon be canceled; but in case such payment is not made by such owner, or person in possession, or by some one in behalf of such owner, or person. in possession, the property subject thereto shall be sold as herein provided.

Subdivision f. The city treasurer, before delivering any certificate, must, in a book kept in his office for that purpose, enter the date, number, and series of the bond, a description of the land sold corresponding with the description in the certificate, the date of sale, purchaser's name, the amount paid, regularly number the descriptions on the margin of the book, and put a corresponding number on each certificate. Such book must be open to public inspection during office hours when not in actual use, and he shall enter on the record of the bond the words "canceled by sale of the property," giving the date of such sale.

Subdivision g. Immediately on the sale, the purchaser shall become vested with a lien on the property so sold to him, to the extent of his bid, and is only divested of such lien by the payment to the city treasurer of the purchase money, including costs herein provided for, with interest thereon at the rate of one per cent per month from the date of sale.

Subdivision h. A redemption of the property sold may be made by the owner of the property, or any party in interest, within twelve months from the date of purchase, or at any time prior to the application for a deed, as hereinafter provided. Redemption must be made in lawful money of the United States, and when made to the city treasurer he must credit the amount paid to the person named in his certificate, and pay it, on demand, to him or his assignees.

Subdivision i. On receiving the certificate of sale, the recorder must file it, and make an entry in a book similar to that required of the city treasurer, the fee for which shall be fifty cents, and on presentation of the receipt of the city

treasurer for the total amount of the redemption money, the recorder must, without charge, mark the word redeemed,"

the date, and by whom redeemed on the margin of the book where the entry of the certificate is made.

is not

to have

notice of

tion for

Subdivision j. If the property is not redeemed within the If property time allowed by subdivision h hereof for its redemption, the redeemed, city treasurer, or his successor in office, upon application of the purchaser purchaser or his assignee, must make to said purchaser, or his deed. assignee, a deed to the property, reciting in the deed, substantially, the matter contained in the certificate, and that no person has redeemed the property during the time allowed for its redemption; the treasurer shall be entitled to receive from the purchaser two dollars for making said deed, which shall be deposited in the city treasury for the use of the city after payment has been made therefrom for the acknowledgment of said deed; provided, however, that the purchaser of the property, owner or his assignee, must, thirty days prior to the expiration of the must have time of the redemption, or thirty days before his application applica for a deed, serve upon the owner or agent of the property deed. purchased, if named in such certificate, and upon the party occupying the property, if the property is occupied, a written notice, stating that said property, or a portion thereof, has been sold to satisfy the bond lien, the date of sale, the date, number, and series of the bond, the amount then due, and the time when the right of redemption will expire, or when the purchaser will apply for a deed, and the owner of the property shall have the right of redemption indefinitely, until such notice shall have been given and said deed applied for, upon the payment of the fees, penalties, and costs in this act required. In case of unoccupied property, a similar notice must be posted in a conspicuous place upon the property at least thirty days before the expiration of the time for redemption, or thirty days before the purchaser applies for a deed; and no deed to the property sold, in accordance with the provisions of this act, shall be issued by the city treasurer to the purchaser of such property, until such purchaser shall have filed with such treasurer an affidavit showing that the notice herein before required to be given has been given as herein required, which said affidavit shall be filed and preserved by the said treasurer as other records kept by him in his office. Such purchaser shall be entitled to receive the sum of fifty cents for his service of such notice and the making of said affidavit, which sum of fifty cents shall be paid by redemptioner at the time and in the same manner as the other sums, costs, and fees are paid. Subdivision k. The deed, when duly acknowledged or proved, Deed as is primary evidence of the regularity of all proceedings theretofore had, and conveys to the grantee the absolute title to the lands described therein, as of the date of the expiration of the period for redemption, free of all incumbrances, except the lien for state, county, and municipal taxes.

SEC. 5. This act shall take effect immediately.

[Became a law, under constitutional provision, without Governor's approval, March 2, 1899.]

evidence.

Desecra

tion of the flag pro

hibited.

CHAPTER XLIII.

An act to prohibit the desecration of the flag of the United States, and to provide a punishment therefor.

[Approved March 2, 1899.]

The people of the state of California, represented in senate and assembly, do enact as follows:

SECTION 1. Any person who shall desecrate the flag of the United States, by printing thereon or attaching thereto any advertisement of any nature whatsoever, shall be deemed guilty of a misdemeanor.

Invalid assessments in reclamation districts.

CHAPTER XLIV.

An act to add a new section to the Political Code, to be known and designated as section thirty-four hundred and sixty-six and one half, relating to the payment of invalid assessments in reclamation districts, and the crediting of the amount paid (to the tract of land upon which the same was assessed) upon subsequent assessments.

[Approved March 2, 1899.]

The people of the state of California, represented in senate and assembly, do enact as follows:

SECTION 1. A new section is hereby added to the Political Code, to be known and designated as section three thousand four hundred and sixty-six and one half, to read as follows:

3466. In all cases in which an assessment shall have been levied since October first, eighteen hundred and ninety-six, or shall hereafter be levied, for reclamation purposes, upon the lands embraced within any reclamation district, and the assessment shall have thereafter been or shall be adjudged invalid, by any court of competent jurisdiction, and any landowner of the district shall have paid the amount assessed, in said assessment, against land belonging to him, before said assessment shall have been or shall be so adjudged invalid, the amount so paid by said landowner, together with the legal interest thereon from the date of its payment, shall be credited, by the treasurer of the county in which said land is situated, to the tract of land on which the same was paid, and shall be applied upon any assessment thereafter levied on the lands of the district, to the payment, pro tanto, of the amount therein assessed against said tract of land.

SEC. 2. This act shall take effect and be in force immediately from and after its passage.

CHAPTER XLV.

An act to add a new section to the Political Code, to be known as section eighteen hundred and ninety, relating to fire-escapes on school buildings.

[Approved March 2, 1899.]

The people of the state of California, represented in senate and assembly, do enact as follows:

SECTION 1. A new section is hereby added to the Political Code, to be known as section eighteen hundred and ninety, and to read as follows, viz.:

school

1890. Each school building in the state shall, if two or Firemore stories in height, be provided with suitable and sufficient escapes on fire-escapes. The trustees of each school district and the houses. board of education of each municipal corporation must provide sufficient and suitable fire-escapes for each school building two or more stories in height under their jurisdiction. SEC. 2. This act shall take effect immediately.

CHAPTER XLVI.

An act adding fifteen new sections to the Political Code, to be numbered, consecutively, thirteen hundred and sixty-six, thirteen hundred and sixty-seven, thirteen hundred and sixty-eight, thirteen hundred and sixty-nine, thirteen hundred and seventy, thirteen hundred and seventy-one, thirteen hundred and seventytwo, thirteen hundred and seventy-three, thirteen hundred and seventy-four, thirteen hundred and seventy-five, thirteen hundred and seventy-six, thirteen hundred and seventy-seven, thirteen hundred and seventy-eight, thirteen hundred and seventy-nine, and thirteen hundred and eighty, concerning elections, and providing for the election of delegates to conventions of political parties at elections known and designated as primary elections. [Approved March 3, 1899.]

The people of the state of California, represented in senate and assembly, do enact as follows:

mary

SECTION 1. Fifteen new sections are hereby added to the concernPolitical Code, to be numbered, consecutively, thirteen hundred ing pri and sixty-six, thirteen hundred and sixty-seven, thirteen hun- elections. dred and sixty-eight, thirteen hundred and sixty-nine, thirteen hundred and seventy, thirteen hundred and seventy-one, thirteen hundred and seventy-two, thirteen hundred and seventy-three, thirteen hundred and seventy-four, thirteen hundred and seventy-five, thirteen hundred and seventy-six, thirteen hundred and seventy-seven; thirteen hundred and seventy-eight, thirteen hundred and seventy-nine, and thirteen hundred and eighty, as follows:

« ForrigeFortsett »