People v. Houston

Action commenced October 20th, 1876, in the name of the People of the State of California, to collect an alleged delinquent assessment upon certain lands situated within Swamp Land Reclamation District No. 118, levied under and pursuant to an act of the Legislature passed March 6th, 1876, entitled “An Act relative to the Assessment in Swamp Land Reclamation District number one hundred and eighteen, in Contra Costa County.” The district was organized under the Act of March 28th, 1868. The Court below sustained a demurrer to the com *537 plaint, and the plaintiff declining to amend, final judgment was entered for defendants, from which this appeal is taken.

The principal question in the case relates to the validity of the said Act of March 6th, 1876, the first section of which is as follows: “ The Trustees of Reclamation District No. 118 are hereby authorized and directed to make up a sworn statement, in detail, of the total cost and incidental expenses of the work of reclamation in the said district, based upon the books and vouchers thereof, and to report the same to the Board of Supervisors of Contra Costa County; and, thereupon, the said Board must appoint three Commissioners,…