Duty of sur veyors and recorders. Compensation. Proviso. Appropriation. Evidence to be transmitted to Washington. Swamp lands at $1 per acre. "Swamp Land Fund." Proviso. Affidavit, counties in this State, in which are situate any of the swamp and overflowed lands heretofore sold under the provisions of an act to provide for the sale of the swamp and overflowed lands, passed April twenty-eighth, one thousand eight hundred and fifty-five, at the request of the surveyor general of the State, to forward immediately to his address duly authenticated copies of all affidavits and other evidence, of whatever character, now on file or of record in their respective offices, which go to prove that the lands sold as aforesaid are actually swamp and overflowed lands. 4078. SEC. 2. Said surveyors and recorders shall receive, for their services under this act, the same fees for copying and certifying which are by law allowed the recorder of their respective counties for similar services, to be paid out of the appropriation hereinafter made upon controller's warrants issued under order of the board of examiners; provided always, that no greater number of certificates shall he paid for than may be actually necessary to properly authenticate the copies aforesaid. All accounts for services under this act shall be verified by the claimant, and contain a bill of items certified to be correct by the surveyor general. 4079. SEO. 3. The sum of five hundred dollars, of any money in the treasury not otherwise appropriated, is hereby appropriated and set apart for the payment of surveyors' and recorders' fees under thir act; and it is hereby made the duty of the State treasurer, from the first money paid into his office on account of the sales of swamp and overflowed lands not otherwise applied by law, to place the sum of five hundred dollars to the credit of the general fund. 4080. SEC. 4. The surveyor general of State shall, without delay, make the request contemplated in the first section of this act; and shall, on or before the twentieth day of March next, transmit to the United States commissioner of lands, at Washington City, duly authenticated, all evidence now on file in his office, or procured under the provisions of this act, which may in any manner establish the fact that the lands sold by this State under the act of April twenty-eighth, one thousand eight hundred and fifty-five, herein before recited, are swamp and overflowed lands, together with a request that all such lands be withdrawn from market. An Act to authorize the boards of supervisors of the several counties of this State to grant the right to construct wharves on the overflowed and submerged lands of this State, approved April 8, 1858, 120. See WHARVES, post, 7316. An Act to provide for the sale and reclamation of the swamp and overflowed lands of this State. Approved April 21, 1858, 198. 4081. SECTION 1. The swamp and overflowed lands belonging to this State, or that may hereafter be granted to this State by act of congress, entitled "An Act to enable the State of Arkansas, and other states, to reclaim the swamp lands within their limits," passed September twenty-eighth, eighteen hundred and fifty, shall be sold at the rate of one dollar per acre, in manner prescribed by this act; and the proceeds of the sales thereof, under this or any former act, shall be paid into the treasury of this State, as State revenues, and shall be credited to the account of a swamp land fund, to be appropriated for the reclamation of said lands, as the legislature may hereafter direct; provided, that, if upon the survey of such lands, any portion thereof shall be found to be lands belonging to the State by right of her sovereignty, the moneys arising therefrom shall be paid into the treasury of the State as other State revenues. 4082. SEC. 2. Any person who is, or may be, entitled, by the laws of this State, to become a citizen thereof, wishing to purchase land under the provisions of this act, shall file an affidavit in the office of the county surveyor of the county in which the land sought to be purchased, or the larger portion thereof, is situated, that he has not purchased any other land under the provisions of this act, or under the provisions of an act passed April twenty-eighth, one thousand eight hundred and fifty-five, entitled "An Act to provide for the sale of the swamp and overflowed lands belonging to this State," which, with the lands sought to be purchased, shall exceed six hundred and forty acres; and that he or she has no knowledge of any other legal or equitable claim than his own; and that every forty-acre lot, or its equivalent subdivision, of the land sought to be purchased, is the greater part swamp or swampy, or subject to inundation at the planting, growing, or harvesting seasons, so as to endanger, injure, or destroy, the crops, taking the average season for a reasonable number of years, prior to the year one thousand eight hundred and fifty, as a rule of determination. He shall then cause the land sought to be purchased to be surveyed, or, in case of a previous legal survey, shall cause said survey to be approved and certified by the county surveyor of the county in which such land, or the greater portion thereof, is situated. [Amendment, approved April 18, 1859, 340. notes. 4083. SEC. 3. It shall be the duty of said county surveyor to make out a plat and Plat and field field notes of every survey made or approved by him under the provisions of this act; he shall record the same in his office, and forward duplicate certified copies of the same to the surveyor general of this State, within ten days after such survey may be completed or approved, as aforesaid, together with a copy of the affidavits required by section two of this act. And it shall be the duty of the surveyor general, when the survey, upon examination, is found to be correct, to return one of the duplicate copies, with his approval indorsed thereon, to the said county surveyor, to be by him delivered to the person for whom the survey was made, and the county surveyor shall record the approval of the same in his office; and it shall also be the duty of the surveyor-general, when the survey has been made according to the provisions of this act, to file the same in his office, and to transmit a copy to the register of the land office of this State. 4084. SEC. 4. The purchaser of land, under the provisions of this act, shall, within Payment. thirty days after the record of the approval of the surveyor general, as aforesaid, and upon presentation of such plot and field notes for record, approved by the surveyor general, as aforesaid, pay to the county treasurer of said county one dollar per acre for all land contained in such survey, which may be paid in money, and take said treasurer's duplicate receipt for the same, and have such receipt recorded in the office of the county auditor, iminediately upon the receipt of the same, and it shall be the duty of the county auditor to transmit a copy of said receipt to the register of the land office, as soon as it is recorded in his office. Any person or persons, however, wishing to purchase lands under the provisions of this act, may, if preferred by such purchaser, or purchasers, pay twenty per cent. of the principal, and ten per cent. interest, per annum, on the balance, yearly in advance, for the term of five years; said twenty per cent. of the principal and first year's interest on the balance to be paid at the time, and in the manner, as above provided for payment in full; provided, that if any person, or persons purchasing lands upon said Proviso. credit of five years, shall fail, or neglect, to pay twenty per cent. and first year's interest, within thirty days from record of approval of the surveyor general by the county surveyor, or shall fail to pay the interest yearly in advance, or shall fail to pay the principal within said term of five years from date of purchase, such neglect, or failure, shall work a forfeiture of such lands and the partial payments made, and the same shall be resold, as if no purchase had been made. Interest, in all cases, shall be computed from the date of the approval of the surveyor general of the survey, which shall be held to be the date of purchase. And all persons purchasing lands shall, at the time of making their first payment, pay to the county treasurer the fee allowed by law for a certificate of purchase; said fee to be subject to the order of the register of the State land office. [Amendment, approved April 18, 1859, 340. treasurer. 4085. SEC. 5. It shall be the duty of the county treasurer of such county to pay Duty of county over to the treasurer of this State, at the same time and in the same manner as other State revenues, all moneys received by him under the provisions of this act; and he shall at the same time transmit to the State controller a certificate showing the name of the purchasers, the numbers of the surveys, as shown by the records of the county surveyor, and the number of acres purchased, and the amount of money to be credited to the swamp land fund. certificate. 4086. SEC. 6. It shall be the duty of the State treasurer, upon receipt of the pur- Register to issue chase-money, according to the provisions of this act, to certify the same to the register of the land office, whose duty it shall be to issue a certificate of purchase to the purchaser, designating the lands purchased, by their proper sections, townships, and ranges, connecting with the United States surveys, unless the location has been made for the protection of the actual settler, as hereinafter provided. But the register shall not issue a second certificate of purchase of the same land; nor shall the name of one purchaser be substituted for another at any time before the certificate is issued by the register, as provided in this act. 4087. SEC. 7. The certificate of purchase issued by the register, as aforesaid, or by Evidence of title. the secretary of State, under the provisions of an act entitled "An Act to provide for the sale of the swamp and overflowed lands belonging to this State," passed April twenty-eighth, one thousand eight hundred and fifty-five, shall be prima facie evidence of title, and all persons holding any such certificate, or certificates, of the register, Patent. Proviso. Quit-clain. Not more than 640 acres. Proviso Settler's claim. Proviso. Proviso. In case of contest. Surveys. shall present the same to the governor of this State; and, should the governor find that the land, or a part of the land, designated in said certificate, belongs or has been confirmed to the State, and the whole amount of purchase-money, together with interest thereon, has been paid, he shall issue a patent for said land, or said part of said land, to and in favor of the original holder of the surrendered certificate, or to his legal representatives; or, in case such original certificate has been assigned, then to the last assignee of such certificate, or to his legal representative, and the title shall vest in such assignee or legal representative as effectually as if he had been the original purchaser; provided, that neither the patent provided for in this section, nor the certificate provided for in the sixth section of this act, shall have any other legal effect or force than as a quit-claim of all right, title, and interest, on the part of the State. 4088. SEC. 8. No person shall become the original purchaser, as aforesaid, under the provisions of this act, of more than six hundred and forty acres, and the same must be taken in quarter-sections, according to the United States survey, except as hereinafter provided, for the protection of actual settlers; where such location is impracticable, or where smaller subdivisions are found necessary, in order to make np six hundred and forty acres, or the number of acres sought to be purchased, and so certified by the county surveyor, then, and in that case, the next legal subdivision, or fractional section, may be taken; provided, the whole does not exceed six hundred and forty acres, or measure more than one-half mile front, on any bay or navigable stream. [Amendment, approved April 18, 1859, 340. 4089. SEC. 9. Any person, or persons, having, or holding, a settler's claim, under the laws of this State for the protection of settlers, or having, or holding, a claim by right of actual possession, or having, or holding, a claim by survey and location, to any swamp lands, excepted from the provisions of the act entitled "An Act to provide for the sale of the swamp and overflowed lands belonging to this State," passed April twenty-eighth, one thousand eight hundred and fifty-five, upon any of the swamp and overflowed lands embraced within the provisions of this act, shall be protected in his, her, or their possession, according to the boundary-lines of said possession, or location; provided, that he, she, or they, shall, within twelve months from and after the passage of this act, comply with all the other requirements of purchasers, under the provisions of this act; provided, further, that the said claim shall not exceed six hundred and forty acres, or measure more than one-half mile front, by legal subdivision, on any bay, lake, or navigable stream. [Amendment, approved April 18, 1859, 340. 4090. SEC. 10. In all cases where a contest for the certificate of purchase, or other evidence of title, to the same tract of land, shall arise before the register, when such contest is purely as to the survey, the register shall determine the same, according to the facts, and issue his certificate therefor, to the person whom he shall determine to be entitled thereto. Whenever, in the judgment of the register, & question of law alone, or of law and fact, is involved in such contest, or when either party shall demand a trial of such questions in the courts of the State, said register shall enter such judgment, or demand, of either of the parties, in the record of the proceedings had before him, together with a direction that the parties to such contest are referred to the courts of the State for a legal determination of said contest, or conflicting claim. Either party to such contest may bring his action in the district court of the county in which the land in dispute is situate, to determine such conflicting claim, and the proffer of a certified copy of said entry made by the register, and upon service and return of process, as in other civil cases, shall give to said district court full and complete jurisdiction to hear, try, and determine, said conflicting claim. Upon filing with the State register a certified copy of the final judgment or decision of said district court, said State register shall issue his certificate, or other evidence of title, in accordance with such decision. For services to be rendered by the receiver, as prescribed by this act, he shall be entitled to demand and receive, as a fee, the sum of ten dollars, in each case, to be deposited, equally, in advance, by the parties contesting, and on the filing, hearing, or termination of such contest, when finally determined by him-or on certifying the proceedings had by him, as aforesaid, it shall be lawful for him to assess equally, in the whole or in part, the above sum to either of the parties contestant, and for each certificate of purchase or patent he shall be entitled to demand the sum of five dollars. [Amendment, approved April 18, 1859, 340. 4091. SEO. 11. All surveys under the provisions of this act shall be made according to the instructions from the surveyor general, and shall be made to conform to the surveys of the public lands by the general government, except that the lands held by actual settlers shall be surveyed after what is known as the geodetic method, and such geodetic surveys shall be made to conform to the lines and boundaries established by such settlers. 4092. SEO. 12. All expenses attending the survey and purchase of land, under the Expenses. provisions of this act, so far as the same applies to the county officers of the county in which the land is sought to be purchased, shall be paid by the purchaser; but the purchaser shall not be required to pay for a second survey of land, in case of a previous legal survey of the same, or in case the survey is not approved by the surveyor general. 4093. SEC. 13. The swamp and overflowed lands situated within the City and Lands exempted County of San Francisco, and within five miles of San Diego and Oakland, or within the limits of the town or village of Washington, Yolo County, according to the map or plat thereof, or of any incorporated city or town in this State, shall be, and are hereby, excluded from the provisions of this act; and provided, also, no salt marsh Proviso. land shall be subject to be located under the provisions of this act for a period of six months from and after its passage, except by parties owning or occupying the adjoin ing arable lands; provided, that the aforegoing proviso shall not apply to the Counties Proviso. of Napa, Solano, Yolo, Contra Costa, and San Joaquin. 4094. SEO. 14. County surveyors are hereby authorized to administer oaths. Oaths. 4095. SEC. 15. It shall be the duty of the surveyor general to transfer all surveys Transfer of made under the provisions of an act entitled "An Act to provide for the sale of the surveys. swamp and overflowed lands belonging to this State," passed April twenty-eighth, one thousand eight hundred and fifty-five, to the State register. 4096. SEC. 16. An act entitled "An Act to provide for the sale of the swamp and overflowed lands belonging to this State," passed April twenty-eighth, one thousand eight hundred and fifty-five, is hereby repealed; provided, that the repeal of said act Proviso. shall in no wise disturb or affect any rights which have become vested, or which have accrued under the act hereby repealed. An Act amendatory of the foregoing act of April 21, 1858. Approved April 18, 1859, 840. [SECTIONS 1, 2, 3, 4, and 5 contain the amendments to Secs. 2, 4, 8, 9, and 10 of the foregoing act of April 21, 1858, therein inserted.] 4097. SEC. 6. All lands purchased under the provisions of this act shall be held to Taxation. be taxable from and after date of purchase. An Act for the relief of purchasers of lands from the State of California. Approved April 8, 1859, 180. 4098. SECTION 1. In all cases where swamp and overflowed lands, in good faith, Certificate of have been, or may be attempted to be purchased from the State under acts of the purchase. legislature, and the partial payments of purchase-money, or interest, has been made, and the same have been or may become forfeited, from the fact that the terms of the purchase have not been complied with, under a strict construction of said acts, the register of the State land office shall issue a certificate of purchase; provided, the Proviso. interests of the State are not thereby sacrificed, or the rights of third parties interfered with; and provided, further, that the defaulting party shall, within six months Proviso. from the passage of this act, present his equitable claim to the register, and prove that all arrearages have been paid up as required by the act under which the purchase was made, and apply for his certificate of purchase in the manner which may be prescribed by said register. 4099. SEC. 2. When lands for which certificates of purchase have already been Surrender of old issued shall have been, or may become forfeited, the register may issue new certifi- certificates. cates on the surrender of the old one. The register shall write across the face of those surrendered, "Surrendered," with the date of the new certificate, and the name of the party to whom issued, and said old certificate shall be filed in the State land office. For issuing certificates of purchase, under the provisions of this act, the register shall be entitled to demand and receive the same fees as are allowed for the issuing of original certificates. lands. 4100. SEC. 3. When parties have purchased lands from the State, supposing them to Exchange of be the property of the State, and said lands shall be found to be the property of private individuals, or of the general government, the said register shall allow other lands belonging to the State, of a similar character, to be taken in lieu thereof, and give title for the same. 4101. SEC. 4. In all cases where lands of the State have been, or may hereafter be issued. Certificates to be sold, the register of the land office may issue certificates of purchase; provided, he is satisfied, from the certificate of the county treasurer, that the money has been paid into the county treasury. Title to inure to heirs, devisees, or assignees of deceased. Time of payment extended. Proviso. Payment of interest. Purchasers may exchange. Repealing clause. Failure to pay interest or principal. An Act making certificates of purchase, or of location, evidence of title, approved April 13, 1859, 227. See CONVEYANCES, ante, 703. An Act to give effect to patents for lands issued in the names of deceased persons. 4102. SECTION 1. In all cases where patents for lands have been, or may hereafter be, issued, in pursuance of any law of this State or of the United States, to a person who had died or who shall hereafter die before the date of such patent, the title to the land designated therein shall inure to, and become vested in, the heirs, devisees, or assignees of such deceased patentee, as if the patent had issued to the deceased person during life. An Act to extend the time for the payment of the principal of the purchase money on lands sold by the State on a credit. Approved February 5, 1861, 6. 4103. SECTION 1. In all cases, where a person has purchased any land under, and in pursuance of, the act entitled An Act to provide for the sale of swamp and overflowed lands belonging to this State, approved April twenty-eighth, eighteen hundred and fifty-five, or the act entitled An Act to provide for the sale and reclamation of the swamp and overflowed lands of this State, approved April twenty-first, eighteen hundred and fifty-eight, or of any act amendatory of said acts, or either of them, and the term of five years has, or may be about to expire, within which the whole of the purchase-money is due and payable, if in such case the United States land officers shall not have made out or filed certified lists, including such land, with the governor of this State, in accordance with the rules and regulations of the United States land office, then the time for the payment of the amount which may remain unpaid of such purchase-money, is hereby extended to the expiration of one year from the time such land shall be duly certified to the State; provided, however, that such purchaser, or his assigns and legal representatives, shall yearly pay to the county treasurer the interest on such purchase, in accordance with the provisions of the act under which such land shall have been entered or purchased, up to the time of the full payment of such purchase money. 4104. SEO. 2. In the event of any lands sold by the State, as swamp lands, proving to be within the boundaries of a grant, or otherwise not belonging to the State, the legal holder of the certificate of purchase, or patent, shall be entitled to require in exchange therefor, from the State register, a certificate of purchase or patent, according to the act under which he holds, for an equal number of acres, in legal subdivision of unentered swamp land as he may have paid dollars to the State thereon, whether as principal or interest; or, if he so elect, he may apply such certificate or patent for a like amount in making payments on other swamp lands already owned by him and not fully paid for. SEC. 3. All acts and parts of acts conflicting with the provisions of this act are hereby repealed. SEO. 4. This act shall take effect and be in force on and after its passage. 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. 4105. SECTION 1. Whenever hereafter, under the several acts of this State which provide for the sale of the public lands on a credit, the purchaser, or legal holder, of any certificate of purchase, shall neglect, or refuse, to pay the interest, or principal, of the purchase-money now due, or hereafter to become due, in accordance with the Duty of register. provisions of the act under which the purchase was made, it shall be the duty of the register of the State land office to address a letter, through the post-office, informing such purchaser, or the holder of the certificate of purchase, if known, of such failure, and notifying him that if the interest, or principal, then due, be not paid within thirty days from the date of notification, an action will be commenced to obtain a decree foreclosing his interest in the land, and to annul the certificate of purchase., 4106. SEC. 2. After the expiration of thirty days from the time of notification, if the interest, or principal, as the case may be, still remains unpaid, it shall be the duty Action to be commenced. |