better title. claimant succeeds against the occupying claimant in all cases of lands sold for taxes by virtue Adverse and of any of the laws of this Territory, shall be considered an adverse and better title under the provisions of this act, whether it be the title under which the taxes were due and for which said land was sold or any other title or claim whatever; and the occupying claimant holding possession of land sold for taxes as aforesaid having the deed of a colector of taxes, or county clerk, or other proper officer for such sale for taxes, or a certificate of sale of said land from a collector of taxes or other proper officer, or shall claim under the person or persons, who hold such deed or certificate, or any other title or claim whatever, shall be considered as having sufficient title to said land to demand the value of improvements under the provisions of this act. Value of im. provements. SEC. 3. The court rendering judgment in any case provided for by this act against the oc- Jury. cupying claimant, shall, at the request of either party, cause a journal entry thereof to be made; and the sheriff or United States Marshal and clerk of the court, when thereafter required by either party, shall meet and draw from the jury box a jury of twelve men, of the jury men returned to serve as such for the proper district in the same manner as the clerk and marshal of court are required by law to draw a jury in other cases; and immediately thereupon the clerk shall issue and order to the sheriff or marshal, under the seal of the court, setting forth the name of the jury, and the duty to be performed under this act. Jury. SEC. 4. The jury drawn and named in said order shall immediately, on being notified by the Powers of sheriff or marshal, proceed to view the premises in question, and then and there, on oath or affirmation, to be administered by any competent authority, assess the value of all lasting and valuable improvements made as aforesaid on the lands in question previous to the party receiving actual notice, as aforesaid, of such adverse claim; Additional jurors. Sealed verdict. for relief. and shall also asssess the damages, if any, which said land may have sustained by waste, together with the net annual value of the rents and profits which the occupying claimant may have received from the same after having received notice of the plaintiff's title by service of a summons, and deduct the amount thereof from the estimated value of such lasting and valuable improvements; and said jury shall also assess the value of the land in question at the time of rendering judgment as aforesaid without the improvements made thereon or damages sustained by waste as aforesaid. SEC. 5. In case any one or more of the jury named in said order shall be absent from the district or of kin to either party, or from any other cause disqualified or unable to serve upon such jury; additional jurymen shall be drawn or summoned in the same manner as if originally drawn and named in said order. SEC. 6. The jury shall sign and seal their Amaya respective assessments and valuations aforesaid. and deposit the same with the clerk of the court by whom they were appointed, before the first day of the next term of said court after said order is made; and if either party shall think himself or herself aggrieved by any such assessment or valuation aforesaid, he or she may apply to the court at the term to which the proceedings are returned, and said court may, upon good cause shown, set aside such assessment or valuation and order a new valuation and appoint another jury as hereinbefore provided, who shall proceed in the same manner as herein before directed. judgment. SEC. 7, If the jurors shall report a sum in favor of the plaintiff or plaintiffs in said action, for the recovery of real property on the assessment and valuation of the valuable and lasting improvements, and the assessments of damages for waste and net annual value of the rents and profits, the court shall render a judgment therefor without pleadings, and issue executions thereon as in other cases; or if no excess be re ported in favor of said plaintiff or plaintiffs, then Report of SEC. 8. The jurors shall report the same in favor of the occupying claimant or claimants, on jury. the assessment and valuation of the valuable and lasting improvements, deducting therefrom the damages, if any sustained by waste, with the net annual value of rents and profits which the defendant or defendants may have received after commencement of the action of ejectment as aforesaid, the successful claimant, his heirs they being minors, may at his, or her, or their election, either demand of the occupying claimant the Election by value of the land without improvement so as aforesaid assessed, and tender a deed of the land in question to the occupying claimant, or he, she, or they may pay the occupying claimant the sum so allowed by the jurors in his favor within such reasonable time as the court shall allow. SEC. 9. If the successful claimant, his heirs, or the guardian of such heirs, they being minors, shall elect to pay and do pay to the occupying claimant the sum so reported in his favor by the jurors, within such reasonable time as the court may have allowed for the payment thereof, then a writ of possession shall issue in favor of said successful claimant, his heirs or the guardian of such heirs. whom. Writ of posses sion. sion. SEC. 10. If the successful claimant, his heirs or the guardian of said heirs, they being minors, Writ of possesshall elect to receive the value without improvements so as aforesaid assessed to be paid by the occupying claimant within such reasonable time as the court may allow, and shall tender a general warrantee deed of the land in question, conveying such adverse or better title within said time allowed by the court for the payment of the money in this section mentioned, and the occupying claimant mentioned shall refuse or neglect to pay said money (the value of the land without improvement) to the successful claimant, his heirs or their guardians, within the time Decree of title. Execution. Plaintiff not entitled to pos limited aforesaid, then a writ of possession shall be issued in favor of said successful claimant, his heirs or their guardians. SEC. 11. The occupying claimant or his heirs shall in no case be evicted from the possession of such land, unless as is provided in the two preceding sections, when an application is made for the value of improvements under this law; and in all cases where the occupying claimant or claimants, or his or their heirs shall have paid into court the value of the lands in question, without improvements, within the time allowed by the court (when an election has been made by the successful claimant or claimants, his or their heirs or guardians as aforesaid, to surrender any tract of land under the provisions of this act) such occupant or his heirs, may at any time after such payment shall have been made, filed his, her, or their petition in the court where such judgment of eviction was obtained and obtained a decree for the title of such land if the same has not been previously conveyed to such occupant as aforesaid. SEC. 12. The plaintiff shall be entitled to an execution for the possession of his property in accordance with the provisions of this act, but not otherwise. SEC. 13. Whenever any land sold by an sion, except. executor, administrator, guardian, sheriff or marshal or commissioner of court, is afterwards recovered in the proper action of any person originally liable or in whose hands the land would be liable to pay the demand or judgment, for which or for whose benefit the land was sold, or any one claiming under such person, the plaintiff shall not be entitled to the possession of the land until he has refunded the purchase money with interest, deducting therefrom the value of the use, rents and profits and injury done by waste and cultivation, to be assessed under the provisions of this act. SEC. 14. This act shall take effect from and after its passage and approval. Approved March 8, 1888. 105 CHAPTER XLVIII. INCORPORATION OF CITIES. AN ACT Providing for the Incorporation of Cities. ARTICLE 1. How incor SECTION 1. When the inhabitants of any part of any county not embraced within the ported. limits of any city, shall desire to be organized into a city, they may apply, by petition in writing, signed by not less than one hundred of the qualified electors of the territory to be embraced in the proposed city, to the county court of the proper county, which petition shall describe the territroy proposed to be embraced in such city, and shall have annexed thereto an accurate map or plot thereof, and state the name proposed for such city, and shall be accompanied with satisfactory proof of the number of the inhabitants within the territory embraced in said limits. Class. Election. duty. SEC. 2. When such petition shall be presented, the court shall forth with designate the County courts class of the proposed city, and fix the time and place within the boundaries of such proposed city or town at which the election may be held to determine such question; and such election shall be held and conducted in the same manner, as provided by law for conducting general elections. Said court, before such election is held, shall give notice by publication in some newspaper published within said limits, if there be one, at least once a week for four successive weeks; but if there be no newspaper published therein, then by posting notices at least four weeks in five public places within said limits. Said notices shall contain a statement of the petition and describe the territory proposed to be incorporated, and the officers to be elected, and shall also design the time and place at which the |