purchase who have not either paid said amount so due, together with the cost of publication, or surrender the title to the State, as provided in the preceding section, to obtain a decree of foreclosure of the interest of the purchaser or holder of the certificate of purchase in the land, and to annul said certificate of purchase. If the name of the holder of the certificate be not known, he may be sued under a fictitious name, and service of the summons may be had by publication in some newspaper published in the county for four weeks; or if no newspaper be published in the county, then by posting one copy of the summons for four weeks at the Court-house door of the county, and two copies in public places in the township where the land is situated. within twenty days. SEC. 66. When a decree shall have been obtained, and within Decree obtwenty days after the entering up of said decree, the District tained. Attorney shall cause a certified copy of said decree to be filed in the office of the Register of the State Land Office, and another certified copy in the Recorder's office of the county in which the land is situate. The holder of the certificate of purchase may, at any time before the expiration of the twenty days pro- May redeem vided for filing a certified copy of the decree in the office of the Register of the State Land Office and Recorder of the county, pay to the Sheriff, for the State, the amount due the State and the costs of suit that have accrued up to time of payment; whereupon the District Attorney shall dismiss the suit, and the purchaser or holder of the certificate of purchase shall be restored to his rights in the land, the same as if no neglect or forfeiture had been made. The District Attorney shall be entitled to receive ten dollars for each suit brought. sale. SEC. 67. After the decree of the Court foreclosing the interest Land again of the purchaser or the holder of the certificate has been subject to entered, and the certified copies filed in the offices of the Recorder of the county and the State Land Register, the land shall be subject to entry and sale, and a certificate of purchase may be issued, in the same manner as if the land had never been entered and sold. Upon the obtaining of a decree foreclosing the interest of the purchaser or of his assigns in the land, and annulling the certificate of purchase, the expenses and cost shall Cost of suit. be taxed by the Court against the defendant, and execution shall issue thereon; but if there be not sufficient property belonging to defendant found to satisfy the same, and the execution returned not satisfied, then the same shall be paid from the twenty per cent. of the principal of the purchase money, or from the interest paid by the purchaser at the time of the original location and entry of the land; provided, that the total cost shall not be taxed at a sum in any case to exceed thirty-two dollars; provided further, that the cost of the publication Publishers to required in section sixty-five shall not be a part of the thirty-two dollars; but the same shall, if it cannot be collected of the purchaser, if the lands described be swamp and overflowed, salt marsh or tide lands, be paid out of the Swamp Land Fund, on the order of the Board of Supervisors; or if any class of school lands, then out of the General Fund of the State. SEC. 68. Any person having a good and sufficient conveyance to the whole or any portion of the lands described in any certifi be paid. purchasers suit. Subsequent cate of purchase, to annul which suit shall have been commenced may defend as above provided, but to whom the certificate has never been surrendered, shall have a right to defend said action; and if he or she shall show, to the satisfaction of the Court, that he or she is entitled to any portion of the lands described, and if the holder of said certificate does not come forward and pay the amount due, then the Court shall order the certificate annulled, and a new one to issue to the defendant by the payment, in open Court, by the defendant, of the amount due the State upon the whole tract; and the said defendant shall thereupon be entitled to two certified copies of said decree, one of which he shall file in the County Recorder's office, and the other with the Register of the State Land Office. Certificates subject to sale and transfer. Fee. Lands excluded. Acts repealed. SEC. 69. Certificates of purchase and all rights acquired thereby shall be subject to sale and transfer, by deed or assignment, executed and acknowledged before any officer authorized by law to take acknowledgments of deeds, or before said Register; but all such sales or transfers shall, when recorded by the County Recorder, be reported by him to the Register, to be entered in the books of his office; and the said Recorder shall be entitled to receive from the purchaser or transferee, for so reporting the same, a fee of fifty cents in addition to that already allowed for recording. SEC. 70. All the swamp and overflowed, salt marsh and tide lands within one mile of the State Prison at San Quentin, within five miles of the City and County of San Francisco, and within five miles of the corporate limits of the City of Oakland, are hereby excluded from the provisions of this Act; provided, that this Act shall not be construed to authorize the sale of any lands below low tide. SEC. 71. An Act entitled an Act to provide for the disposal of the five hundred thousand acres of land granted to this State by Act of Congress, that the people of the State of California may avail themselves of the benefits of the eighth section of the Act of Congress approved April fourth, eighteen hundred and forty-one, chapter sixteen, entitled an Act to appropriate the proceeds of the sales of the public lands and to grant pre-emption rights, the following provisions are hereby enacted, approved May third, eighteen hundred and fifty-two; an Act entitled an Act to provide for the selection of lands donated by the United States, for the support of common schools, and for the erection of public buildings, approved May seventh, eighteen hundred and fifty-five; an Act entitled an Act to provide for the location and sale of the unsold portion of the five hundred thousand acres of land donated to this State for school purposes, and the seventytwo sections donated to this State for the use of a seminary of learning, approved April twenty-third, eighteen hundred and fifty-eight; an Act entitled an Act authorizing the location and protection of school lands, approved April thirtieth, eighteen hundred and fifty-seven; an Act entitled an Act to provide for the sale of the sixteenth and thirty-sixth sections of land donated to this State for school purposes by Act of Congress passed March third, eighteen hundred and fifty-three, approved April twenty-sixth, eighteen hundred and fifty-eight; an Act entitled an Act to provide for the issuance of patents to lands located with State school land warrants, and for lands pur- Acts chased under the Act of April twenty-third, eighteen hundred repealed. and fifty-eight, approved April sixteenth, eighteen hundred and fifty-nine; an Act entitled an Act to provide for the location of school land warrants upon unsurveyed lands, and for the issuance of title for the same, approved April eighteenth, eighteen hundred and fifty-nine; an Act entitled an Act to provide for the sale of the swamp and overflowed lands belonging to this State, approved April twenty-eighth, eighteen hundred and fifty-five; an Act entitled an Act to provide for the authentication of certain evidence in relation to swamp and overflowed lands heretofore sold by this State, approved March thirteenth, eighteen hundred and fifty-eight; an Act entitled an Act to provide for the sale and reclamation of the swamp and overflowed lands of this State, approved April twenty-first, eighteen hundred and fifty-eight; an Act entitled an Act for the relief of the purchasers of lands from the State of California, approved April eighth, eighteen hundred and fiftynine; an Act entitled an Act making certificates of purchase or of location evidence of title, approved April thirteenth, eighteen hundred and fifty-nine; an Act entitled an Act to give effect to patents for lands issued in the name of deceased persons, approved February thirteenth, eighteen hundred and sixty; an Act entitled an Act to extend the time for the payment of the principal of the purchase money on lands sold by the State on a credit, approved February fifth, eighteen hundred and sixtyone; an Act entitled an Act to provide for the annulling of certificates of purchase of lands sold on a credit and declared forfeited for non-payment of interest or principal, and for the relief of purchasers of swamp and overflowed lands, approved April ninth, eighteen hundred and sixty-one; an Act entitled. an Act in relation to the entry of lands in certain cases, and to provide for the issuance of patents therefor, approved April twenty-ninth, eighteen hundred and sixty-one; an Act entitled an Act to provide for the reclamation and segregation of swamp and overflowed, and salt marsh and tide lands donated to the State of California by Act of Congress, approved May thir teenth, eighteen hundred and sixty-one; an Act entitled an Act to provide for the sale of the marsh and tide lands of this State, approved May fourteenth, eighteen hundred and sixty-one; an Act entitled an Act to provide for the reclamation of the salt marsh and tide lands, approved April twenty-seventh, eighteen hundred and sixty-three; an Act entitled an Act to suspend the laws allowing the sale of unsurveyed lands, and relating to the issuance of patents, approved April first, eighteen hundred and sixty-four; an Act entitled an Act in relation to Swamp Land District Funds, approved April fourth, eighteen hundred and sixty-four; an Act entitled an Act creating a State Land Office for the State of California, approved April tenth, eighteen hundred and fifty-eight; an Act entitled an Act to authorize the Register of the State Land Office to issue duplicate certificates of purchase to school, or swamp and overflowed, and salt marsh and tide lands, when the originals have been lost or destroyed, approved April fifteenth, eighteen hundred and sixty-two; an Acts repealed. Time Act entitled an Act fixing the salary of the Register of the State Land Office, approved April twenty-eighth, eighteen hundred and sixty; an Act entitled an Act in relation to the Register of the State Land Office, approved April third, eighteen hundred and sixty-two; an Act entitled an Act to provide for the sale of certain lands belonging to the State, approved April twentyseventh, eighteen hundred and sixty-three; an Act entitled an Act to provide for the issuance of patents to lands located with State school land warrants, and for lands purchased under the Act of April twenty-third, eighteen hundred and fifty-eight, approved April sixteenth, eighteen hundred and fifty-nine; an Act entitled an Act to provide for the selection of the lands donated to the State of California by Act of Congress approved July second, A. D. eighteen hundred and sixty-two, for the endowment of colleges for the benefit of agriculture and the mechanic arts, and all lands that may be granted to the State for like purpose, approved April second, eighteen hundred and sixty-six; and all Acts amendatory of or supplemental to any of the foregoing Acts, and all other Acts or parts of Acts in conflict with the provisions of this Act, are hereby repealed; provided, however, that the provisions of this Act shall not in any manner affect any legal or equitable claims, now existing on any of the lands herein before described, in favor of any claimant under the State, nor affect any suit or proceeding which is now pending respecting the same, arising out of any claims now made; but the Courts of the State may proceed and adjudicate upon said rights, and patents or other evidences of title may issue for the same to the parties entitled thereto, under any existing laws of this State, the provisions of this Act to the contrary notwithstanding. SEC. 72. Immediately after the passage of this Act the State Printer shall print two thousand copies of the same in pamphlet form, and deliver them to the Register of the State Land Office for distribution to State and county officers. Act legalying certain applications onder above act Passeler 18691-70 page. 135-2, extended. CHAPTER CCCCXVI. An Act amendatory of and supplemental to an Act to provide for the construction of a telegraph line in and through the State of California between the City of San José and San Bernardino, approved March twentieth, eighteen hundred and sixty-six. [Approved March 30, 1868.] The People of the State of California, represented in Senate and SECTION 1. The time mentioned in section three of said Act in which to complete said line of telegraph is hereby extended two years. SEC. 2. This Act shall take effect immediately. CHAPTER CCCCXVII. An Act to authorize the County of Contra Costa to donate bonds to the Martinez and Danville Railroad Company, and to provide for the payment of the same. [Approved March 30, 1868.] The People of the State of California, represented in Senate and SECTION 1. A special election shall be held in the County of Election. Contra Costa, and the polls opened at the several places of holding elections therein, at such time as the Board of Supervisors shall designate, for the purpose of submitting to the qualified electors of said county the proposition for the County of Contra Costa to donate certain sums of money to the Martinez and Danville Railroad Company; provided, that the Board of Supervisors shall not order said election until two hundred citizens and taxpayers of Contra Costa County shall have signed a petition and presented the same to the Board, asking for said election. SEC. 2. Upon receiving a petition signed and made as in the Notice. first section of this Act provided, it shall be the duty of the Board of Supervisors of said county to cause a notice to be published for at least fifteen days previous to said election, in one or more newspapers published in said county, stating the proposition to be submitted to said electors, and the time and manner of voting thereon. to be sub SEC. 3. The proposition so to be submitted to said electors Proposition is as follows: "The Martinez and Danville Railroad Company, mitted. a company organized to build a railroad from Martinez to Dan-. ville and to the boundary line of the county, in Amador Valley, ask the County of Contra Costa to make a donation to aid in the construction of said road, as hereinafter provided. The Martinez and Danville Railroad Company, a company organized to build a railroad from Martinez to Danville, propose to build a railroad from Martinez, by way of Pacheco and Alamo, to Danville and to the boundary line of Contra Costa County, in Amador Valley, and the proposition is, Will the county donate, as asked, to the company building said road? asked. SEC. 4. The donation so asked by the said Martinez and Dan- Donation ville Railroad Company is as follows: That the Treasurer of the County of Contra Costa shall deliver to the said Martinez and Danville Railroad Company the bonds of said county, proposed as hereinafter provided, as follows, to wit: Fifty-four thousand dollars of said bonds to be delivered upon the completion of the railroad so proposed to be built by said company from Martinez to the Town of Danville, in said county; eighteen thousand dollars of said bonds to be so delivered on the completion of each section of six miles of said road, commencing at Martinez; and on the completion of each consecutive section of six miles (being in all three sections), the amount of eighteen thousand dollars in bonds to be delivered to said company. The donation to be made to the said railroad company or its assigns is as follows: The Treasurer of the County of Contra Costa shall |