Carpenter v. Sargent

Citations

• 41 Cal. 557
• 1871 Cal. LEXIS 135

Syllabus

<p>Purchase of Swamp “and Overflowed Land—Time of First Payment.—Under section one of the Act of April 27th, 1863, for the sale of certain lands of the State (Stats. 1863, p. 591), the first payment must be made within thirty days after the record in the County Surveyor's office of the approval of the Surveyor General; and a failure by the applicant to pay within the thirty days will not be excused on account of a neglect of the County Surveyor to forward to him the approved copy of the survey.</p> <p>No Extension of Time for First Payment on Swamp and Overflowed Lands.—The thirty days’ time after the record of the Surveyor General’s approval of survey, prescribed for the first payment of money by section one of the Act for the sale of swamp and overflowed lands (Stats. 1863, p. 591), cannot be postponed or extended on account of accident, mistake, neglect, or inadvertence.</p> <p>County Treasurer’s Duties—Failure to Pay within Time on Swamp and Overflowed Land—Abandonment.—A County Treasurer is not bound to accept money tendered after the time prescribed by law (Stats. 1863, p. 591, Sec. 1) for the first payment on a proposed purchase of swamp and overflowed lands, but may properly treat the proposed purchase as abandoned.</p>