Glide

Appeals from the judgment and from the order denying a new trial.

The commissioners of the plaintiff Swamp Land District in 1889 made their assessment under the reclamation act. The list was filed with the county treasurer April 5, 1889. The defendant refused to pay certain installments upon his assessment, and this action was brought charging upon the installments in separate counts and seeking to collect the same.

Section 3466 of the Political Code, as amended in 1880, was the law in force at the time of the assessment, and at the time when the charges therein became a lien upon the land. That section provided: 1. That the county treasurer, at the end of thirty days after an assessment list was filed with him, should return the same to the board of trustees; 2. That the board of trustees must thereupon commence action for the collection of such delinquent assessments, and for the enforcement of the lien.

This law was found to be inconvenient, as it required *88 the whole assessment to be paid at once, when the money could only be used from time to time.

To remedy this difficulty the legislature, by act passed March 31, 1891, amended section 3466 of the Political Code,…