Reclamation Dist. No. 108 v. Hagar

Citations

• 66 Cal. 54
• 4 P. 945
• 1884 Cal. LEXIS 682

Syllabus

<p>Swamp Lands—Reclamation Districts—Constitutional Law.—The statutes of this State, providing for the formation of s wamp land reclamation districts, are not in conflict with the provision of the fourteenth amendment to the Constitution of the United States, which declares that no State shall deprive any person of life, liberty, or property without due process of law.</p> <p>Id.—Assessment—Apportionment.—The mode of assessment is a matter for the legislature, and the courts will not Interfere on the ground of an improper apportionment or inequality of burden or benefit, unless there is a palpable violation of private rights.</p> <p>Id.—Assessment, How Payable—Gold Coin — Interest —An assessment may be made payable in gold coin, and interest may be collected thereon.</p> <p>Id.—Additional Assessment.—Where the original assessment proves inadequate, an additional assessment may be made.</p> <p>Id.—Enforcing Assessment—Counsel Fees—Appropriation of Eund.—It is competent for the trustees of a reclamation district to appropriate a portion of the fund arising from an assessment to the payment of special counsel employed to enforce its collection.</p> <p>Id,—Formation of District—Lands in Different Counties.—The board of supervisors of a county may be empowered by the legislature to include within a reclamation district lands situated in another county.</p> <p>Id.—Action to Enforce Assessment—Parties—Judgment.—In an action to enforce an assessment for the reclamation of swamp lands, the reclamation district is the real party in interest; and where the action is brought in the name of the district, a judgment in its favor, if otherwise valid, will not be reversed on the ground that the action should have been brought in the name of the people of the State.</p> <p>Id.—Arkansas Act.—It is not a defense to an action to recover an assessment for reclamation purposes, that the State, by accepting the grant under the Arkansas Act, assumed the burden of reclaiming the land, and t