Holmes County farmer. [volume] (Millersburg, Ohio) 1857-1926, 1860-09-06

mcnt, or In some other form TO be prescribed bv
their rules, TO all parties in interest that objection
hos been made TO such survey and locnti0n and
ndmonishng all parties in interest TO intervene for
the protection Of such interests and the said courts
shall adopt rules providing for the prompt and
summary decision OF all controversies on surveys
and locations that may arse under the provisions
of this act
SEC. T. ind JeW 6rt1er enacted, That when on
the application OF tho party or parties Interested as
aforesaid, In said survey and location, the same
shall be returned into court, the said parties may
proceed 10 take testimony as to any matter necess-
airy to show the true and proper location of tho
caim such testimony to be taken in such manner,
by deposition OF otherwise, or by commission, as
the court may direct and, ON hearing the allepa
tions and proois the court shall render Judgment
thereon; and IT, in its opinion the location and sur
vey are erroneous, it is hereby authorized to set
aside anu ainui the same, or correct and modify
it, and IL is hereby made the dutv of the s,rvevor.
general, on being served with n certified copy of
the decree oi SAID court forthwith to cause new
survey and location TO be made, or to correct and
reform the survey and location already made, 30
as to conform to the decree of the district court.
to whom it shall be returned for confirmation and
approval.
SEc. 5. md De Il f,rtner eoac,sd. That when
after publication as aforesaid. no application shall
be made 10 thc said court for the said order, or
when said order has been refused or when an or
der shall have been obtained ms aforesaid, and
when the district court by its decree shall have
finally approved said survey and location, or shall
have reformed or modified the same, and deter
mined the true location of the claim, it shall be
| the duty of the surveyor general to transmit
without delay, the plat or survey of the said claim
to the General Land Office, and the patent for the
land as surveyed shall forthwith be issued therefor
and no appeal shall he allowed from the order or
decree saforesad of the said district court, unless
applied for within six months from the date of the
decree of said district courts, but not afterwards
and the said plat and survey so finally determined
by publication, order, or decree, rs the case NAV
be, shall have the same effect and validity in law
as if patent for the land 50 surveyed had been
issued by the United States.
SEC. G. .1Hd b, II fit,t1sr enacted, That all sur
veys and locations heretofore made and approved
/ by the surveyor. general of California which have
been returned into the said district courts or either
of them, or in which proceedings are now pending
for the purpose of contesting or reforming the
same. are hereby made subject to the provisions
of this act except that in the cases so returned or
pending on publication shall be necessary on the
part of the surveyor general.
| SEC. Z. Ana be n fprthcr enacted, That, for4hc
performance Of the duties imposed by this act and
/ the act entitled "An act to ascertain and settle
fhe private land claims in the State of California
passed March third, eighteen hundred and fifty
one" there shall be allowed to the Judges of the
northern and southern districts of California, rs
follows: To Il Judge of the northern district such
a sum as will, when added to his fixed and perma-
nent salary allowed by law and received by him,
make his compensation amount to the sum of six
thousand dollars per annum, and such additional
compensation to be computed from the first dav
of January, eighteen hundred and fifty-two; and
to the judge of the southern district such a sum
as will, when added to his fixed and permanent
salary allowed by law and received by him, make
his compensation amount to the sum of thirty-fve
hundred dollars, such compensation to be CON-
puted and allowed from the date of his appoint
ment to said Office and to continue each for and
during the performance of the additional service
required to be performed by this act, but not ex.
ceeding two years from and after the passage of
this act.
SEC. s. And be II furtIer endcted, That MI costs
of serveys and publications, under the provisions
of this act, shall he charged to and paid by the
United States and costs of litigation in the district
courts shall abide the result thereof, and the court
in its discretion may require security therefor.
SEC. o. ma be FURTHER endcfed That all acts
and parts of acts inconsistent with the provisions
of this act are hereby repealed
AnOrOvpd Tune ID lSfO