The General Laws of the State of California, from 1850 to 1864, Inclusive

pre-empted, or reserved, and all other lands chosen in lieu of those which may have been pre-empted, or reserved, shall be located and sold in the same manner as the other school lands heretofore described, except that the application to locate, when on unsurveyed lands, shall be accompanied by a map and field-notes of the land sought to be purchased, surveyed in accordance with the United States surveys by the county surveyor of the county in which the land is situate. If, within thirty days after the locating agent shall have accepted any location made under section three, or five, of this act, the United States register shall not have certified the same over to the State, the locating agent shall make his returns accordingly to the surveyor general who, upon finding the location to have been properly made, shall, after the expiration of sixty days, approve of said location, and return a certificate of such with his approval indorsed thereon, and also the order for the payment of the principal, or interest, as the case may be; and after said payment shall have been made according to law, the locator shall be entitled to receive his certificate of purchase.

4038. SEC. 6. On all lands sold under authority of this act, on which the purchasers Interest. desire a credit, the interest shall be computed, on the approval of the surveyor general, as commencing from the date of location in the locating agent's office.

location.

4039. SEC. 7. All affidavits for the location of lands made before the locating agent, Affidavits for shall have the same effect as those made before a notary public, or justice of the peace, and said affidavit shall set forth, in addition to the requirements of section three of the act to which this act is supplemental and amendatory, that there is no improvement of any description on the land sought to be located, except that owned by the applicant, if there should be any improvement thereon.

moneys.

4040. SEC. 8. All moneys received, as principal, from the sale of the sixteenth or Disposition of thirty-sixth sections, or lands chosen in lieu thereof, shall be paid into the State school 22 Cal. 524. fund, and shall be applied, in every respect, in the same manner as is set forth in the acts to which this act is supplemental and amendatory, and the interest thereof only appropriated for the support and maintenance of common schools throughout the State. Said interest, together with the interest paid by the purchasers of land under this act, shall be semi-annually apportioned to the several counties in the State; and all the moneys heretofore derived, as principal, from the sale of the lands herein designated and sold under the act for the sale of the sixteenth and thirty-sixth sections, approved April twenty-sixth, eighteen hundred and fifty-eight, shall be paid by the counties in which such lands have been sold, into the State school fund; and if not so paid, such counties shall have a sum deducted from the pro rata they would be entitled to under this act, equal to the amount retained by them.

chase-money.

4041. SEC. 9. In all cases where persons shall have purchased lands from the State Failure to pay under the provisions of this act, or of the acts to which this act is supplemental and interest or puramendatory, and who shall have failed to pay the interest, or the balance due the State on the purchase-money, at the time such interest or purchase-money shall have become due, such lands shall be subject to re-entry and sale after a decree of forfeiture shall have been obtained, as is provided in the act for annulling certificates of purchase, approved April ninth, eighteen hundred and sixty-one.

notices.

4042. SEC. 10. The locating agent shall publish notices, in each county of their dis- Shall publish tricts, for a period of three months, of such sixteenth and thirty-sixth sections as are open to be located and entered by settlers and others; and there shall be allowed, and Compensation. it is hereby appropriated and set apart, out of the interest-money in the school land fund, the sum of twelve hundred dollars, being two hundred dollars to each locating agent, for such publication and contingent expenses, and the controller is hereby authorized and directed to draw his warrants for such amounts, after the approval of the board of examiners.

4043. SEC. 11. An act entitled An Act to provide for the sale of the sixteenth and Act repealed. thirty-sixth sections of land donated to this State, for school purposes, by act of congress, passed March third, A. D. eighteen hundred and fifty-three, approved April twenty-eighth, eighteen hundred and fifty-eight, is hereby repealed; provided, that all selections of land lawfully and properly made under the provisions of said act, are hereby declared valid and binding.

SEO. 12. All acts and parts of acts conflicting with the provisions of this act, are hereby repealed. This act shall take effect and be in force, from and after its passage. An Act to provide for the issuance of patents to lands located with State school land warrants, and for lands purchased under the act of April 23, 1858.

Approved April 16, 1859, 338,

4044. SECTION 1. In all cases where school land warrants have been issued, in pur

Patents to be issued.

Evidence to be produced.

Patent.

Cancellation of warrants or certificates.

suance of the act approved May third, one thousand eight hundred and fifty-two, entitled "An Act to provide for the disposal of the five hundred thousand acres of land donated to this State for school purposes, by act of congress, approved April fourth, one thousand eight hundred and forty-one," and the same shall have been, or may be, hereafter located upon any of the public lands within this State, subject to such location, and in conformity with the provisions of said act, or of an act approved April thirtieth, one thousand eight hundred and fifty-seven, providing for the location and patenting of school lands, or where parties have purchased lands under the act of April twentythird, one thousand eight hundred and fifty-eight, and obtained the certificate of purchase of the register of the State land office, the holder of such warrant, or certificate of purchase, his, her, or their heirs or assigns, upon complying with the provisions of this act, shall be entitled to receive a patent, from the State, for the lands thus located, or purchased. In all cases where school-land warrants, issued in pursuance of the act of May third, one thousand eight hundred and fifty-two, have been located upon lands in the manner required by the circular of the general land office, of August sixth, one thousand eight hundred and fifty-seven, in relation to selections of school lands, the location shall be deemed to have been made in pursuance of said act of May third, one thousand eight hundred and fifty-two.

4045. SEO. 2. The holder of a warrant or certificate of purchase, desiring a patent, shall be required to produce to the register of the State land office, proper evidence to show:

First. That such warrant has been located, in conformity with the provisions of the act under which the same purports to have been located.

Second. That the lands have been duly surveyed by authority of the United States government, and the plats of such survey have been approved by the surveyor general and that the location conforms to such survey.

Third. That the location of such warrant has been made or filed in the United States land office, for the district in which the land is situated, and the location made with the consent of the register and receiver of such land office, and at least ninety days have elapsed since said location, or if said applicant holds a certificate of purchase, he shall prove to said register that the lands have been purchased in accordance with the act of the twenty-third April, one thousand eight hundred and fifty-eight, and that the purchase-money, and all interest due thereon, has been fully paid, and that notice of such application has been made by publication in a public newspaper, published within the county in which such lands are situated, for at least four weeks next preceding such application, or if no newspaper is so published, then by written notices, posted in two conspicuous places on the lands so applied for, and one on the court-house door of the county, and upon such proof of the foregoing facts, all persons holding adversely may be entitled to appear before the register and contest the application for such patent. This section shall be construed to authorize and permit purchasers to pay in cash for lands purchased under the act of the twenty-third of April, one thousand eight hundred and fifty-eight.

4046. SEC. 3. Upon the production of the evidence required in section two of this act, the register of the State land office shall issue to the applicant his certificate of the proper location of such warrant, upon the tract or tracts of lands described in such location; or if the holder of a certificate of purchase, that all the principal and interest due thereon has been paid, and that the applicant is entitled to receive a patent for the lands described in the location of said warrant, or in said certificate of purchase; but no such certificate shall issue until the warrant, or a certificate from the register of the United States land office, that such warrant or warrants are on file in his office, and the word "surrendered" has been written across the face, or a certificate of purchase upon which the same is to be issued, shall be surrendered to said register; and the register of the United States land office shall be entitled to receive the sum of three dollars for the issuance of such certificate. [Amendment, approved April 10, 1860, 166. 4047. SEC. 4. Upon the production of the certificate of the register of the State land office, as provided in section three of this act, the governor of the State shall issue a patent to the purchaser entitled thereto, for the lands described in said certificate, which shall be signed by him, and countersigned by the register of the State land office, and he shall affix the seal of his office thereto; such patent shall vest in the grantee, therein named, a good and valid title, in fee-simple, to the lands therein described. 4048. SEC. 5. All warrants, or certificates of purchase, surrendered under the provisions of this act, shall be canceled by the register, by writing on the face thereof "canceled," and shall note the lands upon which the same have been located, and by

whom, and shall also note upon the official plats in his office the lands thus selected. The warrants or certificates of purchase thus canceled shall be kept on file in the office of said register of the State land office. The land thus patented shall be deemed to be

1 part satisfaction of the grant of the five hundred thousand acres of land donated to

this State for school purposes, by act of congress.

4049. SEC. 6. The register may charge, and receive, for issuing the certificate re- Foes. quired by section three of this act, the sum of three dollars.

SEC. 7. All acts and parts of acts, conflicting with the provisions of this act, are Repealing clause. hereby repealed.

4050. SEC. 8. Nothing in this act shall be construed so as to authorize or confirm the Lands exempted. location or purchase of any of the mineral, swamp, or overflowed lands in this State as school lands.

An Act to provide for the location of school land warrants upon unsurveyed lands, and for the issuance of title for the same.

Approved April 18, 1859, 301.

warrants.

4051. SECTION 1. Persons holding school-land warrants may locate the same, upon Location of any of the unsurveyed lands of the United States subject to such location, under the provisions of the act of congress granting the five hundred thousand acres to the State for purposes of internal improvement; provided, that any person desiring to Proviso. make such location, shall file with the county surveyor of the county in which the land is situated, an affidavit, setting forth that to the best of his knowledge and belief there is no adverse claim or title to the land, and that the same is subject to location, under the provisions of the act of congress making the grant. The county surveyor shall then make the location, accurately describing the land by township, range, section, and parts of sections, after the method of the United States surveys. He shall then transmit to the surveyor general of the State, with the affidavit and warrant, a certificate of location, with a description of the land located, the number of the warrant, name of party, and he shall also certify that he is well acquainted with the method of surveying the public lands, and that the location was made by actual survey, from known United States corners. The county surveyor shall also furnish a copy of the certificate of location to the party for whom the location was made, who shall cause the same to be recorded in the office of the county recorder.

surveyor

4052. SEC. 2. The surveyor general shall carefully examine the location, with refer- Examined by ence to plats and school land warrant returns, in his office, and if he shall find the general. same to be properly made, he shall, after the expiration of sixty days from the receipt of the certificate of location (provided the location is not contested), notify the register and receiver of the United States land office, in the district in which the land is situated, that the State has selected the tract of land described, in part satisfaction of the five hundred thousand acre grant.

4053. SEC. 3. After the approval of the location, the surveyor general shall indorse Certificate of the same upon the warrant, with a note of his approval, and surrender the warrant purchase, thus indorsed to the register of the State land office, who shall cancel the same, and issue to the locator a certificate of purchase; provided, however, if there are two or Proviso. more claimants under the same warrant, or to the same tract of land, the certificate of purchase shall not be issued until the rights of the claimants have been determined in the proper courts.

4054. SEC. 4. All expenses attending the survey and location of lands, under the Expenses. provisions of this act, shall be paid by the person or persons making the location.

4055. SEC. 5. All warrants located under the provisions of this act shall be deemed Patents. valid, as though such location had been made upon any regularly surveyed lands; and patents may be obtained in the same manner as is now provided for warrants located upon surveyed lands; provided, however, that no location, under this act, shall in any Proviso. manner affect the right of persons holding lands under the pre-emption laws of this State, or of the United States.

4056. SEC. 6. Lands located under the provisions of this act shall be taxable from Taxation. the date of the certificate of purchase of the same.

4057. SEC. 7. Nothing in this act shall be construed to allow the location of school Mineral lands land warrants upon reserved or mineral lands, or to prevent any citizen of the United exempted. States, or of this State, from entering upon and working any of the lands in this State containing gold, or other precious minerals, or salines; and provided, further, that Proviso. should any lands located under the provisions of this act, not be finally confirmed to this State by the general government, the State shall in no event be responsible to the locator, or those holding under him, for constructive damages; but the warrant

Proviso.

for the same may be floated, as in other cases provided by law; provided, that such certificate of purchase, or of location, shall not affect any lands, or the title thereto, held in adverse possession at the date of location or purchase thereof.

[See, also, under the next heads, the following acts:

An Act to provide for the annulling of certificates of purchase of lands sold on a credit and declared forfeited for the non-payment of interest, or principal, and for the relief of purchasers of swamp and overflowed lands, approved April 9, 1861, 140, post, 4105.

An Act in relation to the entry of lands in certain cases and to provide for the issuance of patents therefor, approved April 29, 1861, 251, post, 4114.

An Act to provide for the sale of certain lands belonging to the State, approved April 27, 1863, 591, post, 4185.

An Act to suspend the laws allowing the sale of unsurveyed lands, and relating to the issuing of patents, approved April 1, 1864; 1863-4, 301, post, 4177.

An Act to give effect to patents for lands issued in the names of deceased persons, approved February 13, 1860, 28, post, 4102.]

II.

SWAMP AND OVERFLOWED, SALT MARSH AND TIDE LANDS.

4058. An Act to provide for the sale of the swamp and overflowed lands belonging to this State. Approved April 28, 1855, 189.

[This act was expressly repealed by the act of April 21, 1858, 198, given, post, 4081, but with a saving of vested rights. On account of such rights, and on account of the act being, as it were, an integral part of the legislation on the subject, it has been thought proper to give it here.]

4059. SECTION 1. The swamp and overflowed lands belonging to this State shall be sold at the rate of one dollar per acre, in manner prescribed by this act.

4060. SEC. 2. Any person or persons wishing to purchase lands under the provisions of this act, shall cause the tract or tracts of land sought to be purchased to be surveyed by the county surveyor of the county in which such lands may be situated.

4061. SEC. 3. It shall be the duty of said county surveyor to make out a plat and field notes of every survey made by him under the provisions of this act, and keep the same on file in his office, and forward a certified copy of the same to the surveyor general of this State, within ninety days after such survey or surveys may be completed, and shall also deliver a certified copy of said plat and field notes of such survey or surveys to the person or persons for whom such survey or surveys may be made. And it shall be the duty of such person or persons to cause the same to be recorded in the office of the county recorder of such county, within thirty days from the time such survey or surveys may be completed, and it shall be the duty of the surveyor general to transmit a copy of such plat and field notes to the office of the secretary of State of this State.

4062. SEC. 4. The purchaser or purchasers of lands under the provisions of this act, shall at the time or previous to the filing of such plat and field notes for record, as aforesaid, pay to the county treasurer of such county the sum of one dollar per acre for all the lands contained in such survey or surveys, which may be paid either in money, controller's warrants or any other evidence of indebtedness of this State originating out of the ordinary expenses of the State government, and take said treasurer's receipt for the same, and have such receipt recorded in the office of the county recorder, at the time of recording said plat and field notes, as aforesaid.

4063. SEC. 5. Any person or persons wishing to purchase lands under the provisions of this act, may, if preferred by such purchaser or purchasers, have a credit of five years to pay for the same, by paying interest at the rate of ten per cent. per annum upon the purchase-money, the interest, in all cases, to be paid one year in advance, which interest, as well as principal, may be paid in the same manner as provided by the fourth section of this act.

4064. SEC. 6. If any person or persons purchasing lands, upon a credit of five years, as provided in section five of this act, shall fail or neglect to pay the principal and interest within the said term of five years from the date of the certificate of purchase, or shall fail or neglect to pay the interest as required by this act, for the space of one year from the time such interest may become due, or shall fail or neglect to reclaim at least one-half of the land so purchased, within the said term of five years, such neglect or failure shall work a forfeiture of such lands, and the same shall be resold, as if no purchase had been made.

4065. SEC. 7. It shall be the duty of the county treasurer of each county to pay

over to the treasurer of this State, at the same times and in the same manner as other County treasurer to pay over to State revenues, all moneys received by him under the provisions of this act, and shall, State treasurer. at the same time, transmit to the State treasurer a certificate showing the name of the purchaser or purchasers, the amount of land purchased, and that the same was paid, as principal or interest (as the case may be).

4066. SEC. 8. It shall be the duty of the State treasurer, upon the receipt of the Certificate of purchase. purchase money, or interest upon the same, according to the provisions of this act, to is Cal. 392. certify the same to the secretary of State, whose duty it shall be to issue a certificate of purchase to such purchaser or purchasers, specifying, in a brief manner, the terms of the purchase.

4067. SEC. 9. The time of calculating interest shall, in all cases, commence from the Interest. date of the certificate of purchase.

4068. SEC. 10. No person shall become the purchaser from the State, of more than Limitation of three hundred and twenty acres of land, under the provisions of this act.

amount of land

from location.

4069. SEC. 11. No person shall become the purchaser, from the State, of any lands Lands exempted situated within ten miles of the City of San Francisco or San Diego, nor within five miles of the Cities of Sacramento, Marysville, or Oakland, nor within one mile of any other incorporated city or town in this State, nor within one mile of the Sacramento River, from the mouth of said river to the mouth of Feather River. The land situated within ten miles of the City of San Francisco or San Diego, within five miles of the Cities of Sacramento, Marysville and Oakland, and within one mile of any incorporated city or town, and within one mile of the Sacramento River, from the mouth of said river to the mouth of Feather River, shall be and they are hereby excluded from the provisions of this act.

instructions of

4070. SEC. 12. All surveys made under the provisions of this act shall be according Surveys under to instructions from the surveyor general of this State, which instructions shall be, as surveyor near as practicable, in accordance with the surveys of the public lands of the general general. government.

4071. SEC. 13. Previous to the survey of such lands, the purchaser shall file an affi- Affidavit. davit in the recorder's office, that he or she is not knowing to any other legal claim of any description to said land.

4072. SEC. 14. In all cases where full payments have been made by the purchaser Patent. or purchasers of lands, under the provisions of this act, the secretary of State shall certify the same to the governor, whose duty it shall be to issue a patent to the person or persons purchasing the same.

4073. SEC. 15. For the issue of such patent the purchaser shall pay a fee of one Fee. dollar, which shall go to the library fund.

4074. SEC. 16. Any person or persons having or holding a settler's claim, under the Protection of laws of this State for the protection of settlers, upon the swamp and overflowed lands settlers. belonging to this State, shall be and is hereby protected in his, her or their claim to the same, including all improvements thereon; provided, that he, she or they shall, Proviso, within six months after the taking effect of this act, comply with all the requirements of other purchasers under the provisions of this act; provided, further, that no person Proviso. or persons settling upon any of the swamp or overflowed lands described in this act, shall acquire any right or title, by reasons of such settlement, upon any of the lands excepted from the provisions of this act.

4075. SEC. 17. All expenses attending the survey and purchase of lands, under the Expenses. provisions of this act, shall be paid by the purchaser or purchasers of the same, as far as the same applies to the county officers of the county in which such lands may be situated.

act.

4076. SEC. 18. The provisions of this act shall apply only to lands granted to this Application of State by act of congress, passed September twenty-eighth, one thousand eight hundred and fifty, entitled "An Act to enable the State of Arkansas and other States to reclaim swamp lands within their limits," and the provisions of this act shall not apply to, nor in any manner affect any lands belonging to this State by virtue of its sovereignty, below the line of ordinary high tide water, on the sea shore and the shores of the harbors on the coast of this State.

SEC. 19. This act to take effect and be in force from and after the first day of June next.

An Act to provide for the authentication of certain evidence in relation to swamp and overflowed lands heretofore sold by this State.

Approved March 13, 1858, 58.

4077. SECTION 1. It is hereby made the duty of the surveyors and recorders of the

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The General Laws of the State of California, from 1850 to 1864, Inclusive ...