Harris v. Bd. of Supervisors of Colusa Cty.
Synopsis
Assessment fob Reclamation of Swamp Lands.—If a Board of Supervisors has appointed three Commissioners to view and assess swamp lands, for the expense of reclaiming the same, under the Act for the reclamation of swamp and overflowed lands, the fact that the Commissioners undertake to make an assessment, but the same is void, because only two of the three are present, does not authorize the Board of Supervisors to appoint new Commissioners to make a further assessment, or to direct the old Commissioners to make a further assessment.
By the Court : The judgment was lately affirmed at the argument. Commissioners to view and make an assessment had been appointed by the Board of Supervisors in November, 1871. These Commissioners never made an assessment. Their only attempt in that direction was held in People v. Coghill, (47 Cal. 361,) to be void. Under these circumstances, the case provided for by Sec. 3,459 has not arisen, and no further duty in that behalf has been cast upon the Board of Supervisors.
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