The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-03-28

The Public Lands I'm CALIFORNIA;.
AN ACT TO PROVIDE FOR THE SURVEY OF PUBLIC
LANDS IN CALIFORNIA, THE GRANTING OF PREe
ENPTIoN RIGHTS THEREIN, AND FOR OTHER PUR
POSES.
Be it enacted by the Senate and House of Repro
sentatives Of the United States of America in Com
gress assembled That the Surveyor General for th%
State of California, appointed by the President, b
and with the advice and consent of the Senate, sha
keep his Office at such placeas the President in view
of the public convenience shall from time to time
direct He shall be entitled to receive salary at thu
rate of four thousand five hundred dollars per annum
payable quarter yearly, to commence nom the TINE
OF entering into bond.
Sec. .. That the sum of 81 900 per annnm shal
be allowed for clerk hire, but the salary oil no ceri
is to exceed $25OO per annum. A sum not exceed
ing $40 900 is to be applied for incidental Office ex
penses; and seal to be prepared for the Surveyor
General. and any copies OF documents when attestet
by bis signature and the seal shall, in judicial mat
tiers, have the same force as the originals.
Sec. 8. That the said Surveyor General shall have
the same power and duties In California as the Sur
veyor General in Louisiana, except where modified
by this act He shall cause to besurveyed the lines
the public lands, and measure and mark base ant
meridian lines through the points, and cause private
claims to be surveyed after they have been confirmed
None other than township lands are TO be sryeye,
when the lands are mineral unfit for cultivation.
Sec A. The Secretary of the Interior is authorized
when circumstances render it advisable to have tho
surveys made in other than the regular way 9ns
lands SO surveyed shall not be divided into e thai
/ 100 acres or sub-divided into less than 40 acres.
Sec. S. That the President shall appoint register
and receivers Of public moneys for the State OF CAN
fornia, with salary each OF 50 900 per annum, pay
able quarterly. They are to take the proper oath
and give the requisite bonds. The President ma.
divide the State into two three distinct land offices
and remove them as exigencies may require;
Sec. 6. That all the public lands II the state o
California with the exception of sections l6 and so
lands appropriated under the authority OF TINS ACT
or received by competent authority and lands claim
ed under any foreign grant or title, and the minera
September, ls4l, and shall after the plats thereo,
are returned to the Office of the register be o1ere
for sale after six months public notice in the State
Where unsurveyed lands are claimed by pre- emption
notice of such claim shall be filed within thre'
months after the return of the plats ofsurveys to tn
land Offices, and proof and payment shall De MAD
prior to the proclamation OF the sale. Person
having heretofore had the benefit OF the SAID act
have the benefits of this act, and all such lands re
naming unsold shall be subject to entry at prvat
sale as other public land and at the same minimum
price; and the register shall only be entitled 70 Zee
for deciding presumption cases. Nothlng IN inns &C
must be construed as authorizing any settlement
be made on any unsurvcy ed lands, unless within on
year from the passage OF this act shall any RICH
of such settlers be recognized under any circun,
stances. Nor does thi act authorize any settlement
on Indian lands nor grant any presumption right :
the same.
Sec. I. That in case any settlement shall hav
been made upon the 10th and seth sections befor
they are surveyed or where such sections may be re
served for public uses or taken by private claims
other lands shall be selected by the authorities 10
the support of schools, and no person shall make
settlement on lands appropriated by the authorities
The benefits of this act shall not extend to settler
on mineral lands.
Sec. 8. That all public lands occupied as towns o.
villages shall not be subdivided, or subject 70 sale
or be appropriated by settlers, under this aot bu
such lands shall be subject to the act passed in Ma
1874, for the relief Of citizens on the lands Of tn
United States under certain circumstances, exCep
on mineral lands, which Congress may dispose Of.
Sec. 9. That when it is expedient to make compen
saton for the survey Of the lands by the day nstea
of the mile, the Commissioner Of the General Lane
/ Office shall make the necessary allowance 30 as Il
ensure the accurate and faithful execution Of tn
! work.
Sec. 10. That after the expiration of his commits
sion, each officer shall continue to act until his sue
cessor enters on his duties, and If rec0mmissi0ned
he must find new bonds The bond Of deputy SUI
ing to them under their surveying contract, TO tn
satisfaction Of the Surveyor General who is also,
casionaly, to inspect the operation Of the survey
made in the field to see that the work is faithful
lowed. When he cannot do 50 he may appoint de
putty and be allowed for his expenses; such exami
nation not to be pretracted beyond thirty days.
Sec. IL. That the Secretary Of the Interior shal
order seal for the Surveyor General Of Oregon, I,
be used with his signature to substantiate copies 0
papers, and the salary Of said surveyor shall b.
Sec. IL. That two entire townships or seventy
fornia for seminary Of learning, and be selected b,
the governor or his deputy, in legal subdivisions 0
not less than quarter section of any Of the unsold
unoccuped, or Incorporated public lands therein
subject to the approval Of the Secretary Of the In
! terror.
Sec. IL. That there be a grant made to the Stat,
Of California Of ten entire sections Of lands for tn,
purpose of erecting the publcbuidngs Of that State
to be selected by the governor his deputy in lega
subdivisions Of not less than quarter section Of an,
of the unsold, unoccupied and unappropriated land
in that State subject to the approval Of the Score
| tary of the Interior.
Approved March 8, 1853.