Santa Fe weekly gazette. [volume] (Santa Fe, N.M.) 185?-1859, 1856-10-25


lifornia into two or hrec separate and dis
tinct land district, as circumstances shall deter
mine to DO necessary, embracing respectively
the upper and lower. or the upper middle and
lower portions Of the State and he shall appo-
int, by and with the advice and consent Of the
Senate, or during the recess Of Congress whtn
necessary,a register oI the land office aud re.
oeiyer of public moneys for each Of such land
districts and the land Offices Cor the same res.
pectiyely shall be located at, and be removed
from time to time to such places as the Prssi-
dent shall deem most suitable for public conss.
nience.
See. 6. And be it further enacted, That al
the public lands in tho State Of California, whs.
ther surveyed or uusurVeyed, with the exception
Of sections sixteen and thirty six, which shall
be and hereby are granted 10 The state for the
purposes Of public schools in each township
and with tho exception Of .ands appropriated
under the authority Of this Get, or reserved by
competent authority and excepting also the
LANDS claimed uudtr any foreign grant OF title
on the mineral lands, shall be subject to ths
preemption laws Of fourth September eighteen
hundred and forty one, with ail the exceptions
SNhIhiVuo3 ahu iiWlNhtiOHb NHCtSlHg tACtpt hh ~
herein otherwise provided, and shall after the
plat thereof are returned to the Office Of the 70,
gister, be offered for sale, after six months pa
blic notice in the state Of the time and place Of
sale, under the laws, rules and regulations now
governing such sales, or such as may be here
after prescribed; Provided, that where unsur.
veyed lands are claimed, by preemption .hs u
sual notice Of such ca IN shall be filed within
three months after the return Of the plats Of
surveys TO the land Offices, and proof and pay.
ment shall be made prior to the day appointed
by the President, proclamation for the commsn.
cement Of the sale, including such lands, the
entry of such claims to be made by legal subdi-
visions, according to the United States survey,
and in the most compact form; and provided
further, that the fact Of persons having here
tofore had the benefit Of said act of tho fssrth
of September, eghcOd hundred and forty one,
shall interpose no bar to their obtaining the be.
BELTS of this act, an oil Of eaid lands that shall
remain unsold after having been proclaimed en-
offered, shall be subject to cp.ry ut private sale
as other public land ut The same minimum
price per acre; and the register and receiver
shall not be entitled to any per centags or fees,
except for deciding presumption eases, when each
of them shall be allowed the same as ore paid
to other like officers, but the receiver shall be
entitled to his actual necessary expenses, going
and returning, in making his deposits; Provided
that uothiug in this act shall be construed to
authorize any settlement to be made on any
public lands not surveyed, unless the came be
made within oEe year from the passage Of this
act, nor shall any right Of such letters DO re-
cognized b. virtue Of any settlement or impro-
vement made of such unsurveyed lands subss-
quent to that day; and provided further, That
this act shall not be construed to authorize any
settle s ent to be made en- any tract Of land in
the occupation or possession of any Indian
tribe, or to grant any presumption right to the
same.
Sec. 7. Aud bolt further enacted, that where
any settlement, by the erection Of dwelling
house at the cultivation OF any portion OF the
land, shall be made upon the sixteenth and
thirty six sections, before the same shall DO
surveyed, or where such sections may be reser.
we'd for public uses or taken by private claims,
other land shall be sclrctcd by the proper au-
thoritles Of the State in lieu thereof, agreeably
to tho provisions Of the net Of Congress ap-
proved on the twentieth of May, eighteen nun.
drod and twenty SIX entitled San act TO appro-
pirate lands for the support Of schools in cer-
tain townships and fractional townships, NOT
before provided for" ani which shall be sub.
iect to approval By the Secretary Of the lnte.
ror, and no person shall make a settlement or
location upon any tract or parcel Of land So
lected for military post, ar within one mile
Of such post, or on any other lands reserved by
competent authority. nor shall any person OBJ
tain the benefits Of shs net by q settlement or
location on mineral lnnd'
SEQ. s. And be it further enacted, that the
public lands, net being mineral lands, occupied
as towns or villages, shall not be subdiyided, or
subject to sale, or to be appropriated by settle
rs, under the provisions Of this not, but the
whole Of such lands, whether settled upon be-
fore or after tho survey, Of the same, shall DO
subject to the provisions Of the act entitled an
act ler the relief OF the citizens Of towns upon
the lands of the United States, under certain
circumstances approved May twenty third, eigh-
teen hundred anu forty four, except such towns
as are located on or near mineral lands, tho in
habitants Of which shall have the right Of eccu.
patton and cultivation only until such timo as
Congress shall dispose of the same, nor shall
any lands especially reserved for public uses DO
appropriated nuder the provisions Of this act.
See 0. And be it further enacted, that whe.
never the public surveys, or any portion Of
them authorized BY this act or BY the act ap-
proved September twenty seventh, sightsen hun
dred and fifty, entitled Mn act to create the Of
fse of Surveyor General ef the Public Lands in
Oregon, and to provide for the survey and 70
make donations 20 settlers Of tho said public
| lands, are so required to be made, rs to render
II expodient to make compensation for the sur.
veying thereof by the day, instead Of by tho
mile, it shall be Lawful f"r the commissioner Of
tho General Land Office; under the direction Of
the Secretary Of the Interior, to make such fair
and reasonable allowance, aa in his judgment,
shall be necessary to iusuro the accurate and
! futhfu execution Of the work. ~
Sec. 10. And bc II further enacted, That OK.
q cept whore the President Of the United States
shall sac cause otherwise to determine, each
4 IL nsunn...,ntn1 IN virfnn NJ thia nok