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

AN ACT to amend an Act entitled an Act to
Define and Regulate the Jurisdiction of the
District Courts of the United States in Calitor.
mia in regard to the Survey and Location of con.
irmcd Private Land Claims
BE il enacted by The Senate and House of Repre-
sentaticeS ofhc United States of america in Con-
greSS assembled. That whenever the surveyor gen.
eral of California shall, in compliance with the
thirteenth section of an act entitled "Au act to
ascertain and settle [thel private land claims in
the State of California" approved March three,
eighteen hundred aud tity-one, have caused and
any private land claim to be surveyed, and plat
to be made thereof, he shall give notice that the
Same has been done, and the survey and plat ap.
proved by him, by publication once week for
lour weeks IN two newspapers, one published in the
city of San Francisco, and one of which the place
ot pubcauonis nearest the land, il the land is
situated in the northern district of California; and
once week for four weeks in two newspapers,
one published in Los Angeles and one of which
the place OF publication is nearest the land if the
land is situated in the southern district of Cafor-
MAJ and until the expiration of such time, the sur
vey and pat shall be retained in his office, subject
to inspection
Sac 2. .lRd be Il further enacted That the district
courts of the United States for the northern and
southern districts of California are hereby autho-
rized, upon the application of any party interested
to make IN order requiring any survey ef u private
land claim within their respective districts to be
returned into tho district court for examination
and adjudication and on the receipt of said order
duly certified by the clerk of either of said courts
it shall be the duty of the surveyor-gen to
transmit said survey and plat forthwith to the said
court.
seo .qndbe Il hirtler enacted, That said order
shall be granted by said courts on the application
of any party whom the district courts, the judge
thereof, in vacation, shall deem TO have such an
interest in the survey and location of land claim
rs to make it Just and proper that he should be
allowed to take testimony and to intervene for his
interest therein; and il objections TO the survey
and location shall be made on the part of the Uni
ted States, the order to return the survey into
court shall be made on the motion of the district
attorney founded on sufficient aiidavits; and il
the application of such order is made by other
parties claiming to be interested in, or their rights
are affected by, such survey and location, the
court or the Judge in vacation, shall proceed sum
marly, on atidavits or otherwise, to inquire into
the TACT OF such interest," and shall, in its dscre-
tion, determine whether the applicant has such an
interest therein, as under the circumstances of
the case, to make II proper that he should be heard
IN opposition to the survey, and shall grant or re.
fuse the order to return the survey and location,
as shall be just PrOoiied hoioeper, That all par
ties claiming interest under pre-emption. settle
ment, or other right or title derived from the
United States, shall not be permitted to intervene
separately; but the rights and interest of said
parties shall be represented by the district attorney
of the United States, intervening in the name of
the United States, aided by counsel acting for
said parties jointly il they think proper to employ
such counsel; And prODided further, That before
proceeding to take the tes imony, or to determine
on the validity Of any objection so made to the
survey and location as aforesaid, the said courts
shall cause notice to be given, by public advertise