The weekly Placer herald., 1855-08-11

State 'in such manner as the Legislature
thereof shall direct and that such locations
may he made at any time after the lands of
the United States shall have been surveyed
according to the existing laws"
'.By Instructions from this office. of the 9th
of August, 1916, "a copy of which is enclosed
it is required that 1.-The selections must be
based upon the official township plats. which
are required to be approved by the Surveyor
General. and on the file in the local Land
Office, at the time of fling the selection"
JOHN WILSON,
Commissioner"
9th. And here follows the certificate of the
Register of the Land Office. setting forth that
the warrants had been registered. and that he
had been notified that they had been located
upon certain tracts of Government land. cor
rectly described by township, section and
range. Read the certifcate:-
REGISTERS OFFICE,
Benicia. California.
I. VIM. W. Gift. Register. hereby certify
that Felix Argent has this day deposited in
this Office, Land Warrants of the State of Cali
fornia issued under the law of the State for
portions Of the five hundred thousand acres Of
land granted to each of the new States under
the act of Congress of the 4th Of September.
ls4l; said warrants being Nos. l3S lj4, III.
l78. l57. 474 655, which he, the said Argent,
gives notice having been located by him as
the agent Of the State of California upon the
following tracts. pieces, or parcels of land.
viz: tract section No. 81. township No. |.
south. range No. 5, west; tract section 81
township l, south. range 6, west; north half
of section L. township 2. south. range 6, west:
east tract half of n. z. tract of quarter sec
tion 2, township 2, south. range 6. west; S. f.
tract of quarter section 35. township l. south,
range 6, west; north half of section No. g.
township 2, south. range 5. west-lying and
being in the county of San Francisco, Califor
MIA. and selected by him the said Argent
Witness my hand this first day of March,
1854. WM W. GIFT. Register
If the land described was occupied or claim
cation should not be perfected. the County
Surveyor, State Surveyor. United States Sur
veyor General or the Register Of the Land
Office, should hare refused to give the re
quired certificate. The Governor could not
know save from the information presented and
the signatures of the proper officers what was
done in the premises. He could not travel
over the State to ascertain whether warrants
were correctly located or not. but had to rely
entirely on the evidence presented by the
proper officers.
7th. After receiving all the evidence re-
quired by law the Governor. determined to be
right submitted all the papers and laws to the
Attorney General of the State. and he was re-
quired to give his opinion in writing. The
following is the opinion:
ATTORNEY GENERALS OFFICE,
June 20th 1853.
To His Erce7ency. John BigIer:
The 18th section of the act of May Sd, 1852.
concerning the disposal Of the five hundred
thousand acres land. &c.. provides that $50
soon as the lands which may be located. &c.
&c, shall have been surveyed by the United
States, and such locations are to conform
thereto the Governor of the State shall cause
patents 10 be issued in such manner and form
as the Legislature shall hereafter direct"
The act of Congress Of September 4, 1871.
provides that these lands. after the same shall
have been surveyed by the United States, may
be selected in the manner directed by the
Legislature.
The Legislature Of this State by the act of
May Sd. aforesaid. has directed the manner of
the selection, and the question now submitted
hy your Eycellency is whether immed lately
after the Government surveys on the selec-
tons made. as provided by the act Of May Sd,
the person making such selection, and having
the land warrant under which such selection
was made, is entitled to patent. the Legisla-
ture having failed to provide the manner and
form Of such patent.
There is no doubt that the ii lie Of such
lands is in the State of California that the
Legislature has authorized sale of it, and a
patent to issue to the purchaser to be executed
by the Governor. 1t has heen often held by
the Courts that when an officer is authorized
by law to make a sale of real estate, he has
necessarily authority to make and execute
deed sufficient to convey the title to the prop
oh tbo lou Is oil %o