Ricks v. Reed

Citations

• 19 Cal. 551

Syllabus

<p>The Act of January 24th, 1860, amendatory of the Act of 1856, regulating the mode of settling claims to lots in town sites situated on public lands in Humboldt county, authorizing certain proceedings before the County Judge or the corporate authorities, as the case might be, to determine the rights of contesting parties to such lots, and giving the County Court jurisdiction on appeal from the action of the corporate authorities, is constitutional.</p> <p>The jurisdiction vested in the County Court by the Act of January 24th, 1860, is not strictly appellate, but original. The right of the parties to the lots, under the rules and regulations prescribed by the Legislature, is the subject of consideration and determination by the Court, without reference to the evidence presented to the corporate authorities, and the whole matter is investigated anew.</p> <p>When the act says that in case any claimant shall feel aggrieved by the decision of the Trustees he may take an appeal to the County Court, and requires the proceedings there to be by complaint, answer or demurrer, and in conformity with the rules applicable to actions in Courts of record, it only means that if the claimant be dissatisfied with the decision of the Trustees he may have his right investigated and determined in an action brought against the successful claimant in the County Court.</p> <p>The action authorized before the County Court is only a mode provided for testing before one of the regularly constituted tribunals of the country, the conflicting rights of adverse claimants to the town lots under the Acts of Congress and the legislation of the State.</p> <p>The mere ase of the word appeal in the act does not make the jurisdiction of the County Court appellate. The substance and intent of the whole proceeding authorized by the statute must be looked to in determining the nature of the jurisdiction in such cases.</p> <p>The proceeding before the corporate authorities of the town, under the Act of 18