The Nevada journal., 1852-05-22

on TuOfc Ldnds IN MS Mdte.
The people of the State of California
represented in the Senate and Assem-
bly,, do enact as follows:
Sec. /. Any person now occupying
and settled upon, or who may hereafter
occupy or settle upon any Of the public
lands in this State, for the purpose of
cultivating or grazing the same, may
commence and maintain any action for
interference with, or injuries done to
his or her possession of said land, against
any person or persons so interfering with,
or injsring such land or possession, pro-
vided that, il the lands 80 occupied or
possessed, contain mines of any of the
precious metals, the possession of the
claim of the person or persons occupy
ing the same for the purpose aforesaid,
shall not preclude the working of such
mines by any person or persons desiring
so 10 do as fully and unreservedly ss
they could do had no possession or claim
been made for grazing and agricultural
purposes.
Sec. 2. Every such claim, to enable
the holder to maintain any action as
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one hundred and sixty acres, and the
same shall be marked by metes and
bounds, so that the boundary may be
readily traced, and the extent of such
claim easily known, and ne person shall
be entitled to maintain any such action
for possession Of or injury TO any claim,
unless he or she occupy the same, and
shall have complied with the provisions
of the third and fourth sections Of this
act.
Sec. 8. Any person being citizen Of
the United States, claiming any Of the
public lands in this State, shall file in
Office of the Recorder Of the county in
which such lands are situated, his afi-
davit setting forth: First that his or
her lines do not embrace more than one
hundred and sixty acres of land: Sc
cond, that he or she has taken no other
claim under this act, and to the best Of
his knowledge and belief, that the said
lands arc not claimed under any exist
ing title; upon the filing Of this affidavit,
the Recorder shall proceed to record
said claim in book to be kept in his
Office for that purpose.
Sec. 4. Within ninety days from the
date of said record, the party recording
is hereby required to improve the land
thus recorded, to the value of two hun
dred dollars, by putting such improve
ments thereon rs snail partake Of the
realty, unless such shall have been made
prior to the application to record, &C.
cording to section third.
Sec. 8. At any time after the pro.
visions OF the second. third and fourth
sections Of this net shall have been
complied with, the party complying shall
be permitted to be absent himself or
herself from such claim without being
required to occupy the same for Pc
ri0d Of not more than twelve months,
providing the person 80 wishing to alb
sent himself or herself, shall first pay to
the Treasurer of the county in which
said claim shall have been situated, the
sum of fifteen dollars, upon which pay
ment the Treasurer shall issue re-
ceipt for the same; at any time within
twelve months after the date thereof,
facie evidence of possession, in any cl urt
having jurisdiction in such cases, for the
recovery of the possessory right to, or
injury done to such claim. Any person
absenting himself from said claim for a
longer period than sixty days without
FIRST paying the sams as provided in this
section, shall forever forfeit his claim to
the land. One half Of the amount paid
to any County Treasurer under the pro-
vision of this section, shall be paid by
said Treasurer into the general fund OF
the county, and the balance in the State
Treasury, whenever making his regular
settlements with the State Treasurer.
The State Treasurer shall set apart and
retain oil monies received from such
source, as special fund, which may
hereafter be appropriated by law, for
the maintenance and protection OF the
insane.
Sec. 6. On the trial Of any such cau-
ses, the possessory or the possessing right
Of the plaintiff shall be considered as
extending to the boundaries embraced
by the claim of such plaintiff, as to ena-
bio him or her, according to section
third, to have and maintain any action
as aforesaid, without being compelled
to prove an actual enclosure.
Sec. 7. All the rights and benefits
given to settlers on public lands by this
act, shall extend to and be enjoyed by
all persons who shall acquire any rights
of possession, or title, by tho provision ol
any act which has been, or may here
after be passed, to secure o pre-emption
right to the everfswed and swamp OF
school lands of this State.
Sec. s. The provisions Of this ac'
shall not apply to any lands on which
red wood timber grows, south Of thirty
eight degrees and thirty minutes. Ar
act describing the mode Of maintaining
and defending possessory actions on land
belonging to the United States, passed
April the eleventh, one thousand eigh'
hundred and fifty is hereby repealed.
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