The weekly Mississippian. [volume] (Jackson, Miss.) 1859-1864, 1860-10-17

] an.hsr;c.d imam the application es any partT in
teresred TO make order req airing any surrey OF
private land claim within taels respective dis
rric, 10 s into the distfies court for eg-
arninati,T and sfudicstion, and IN the receipt Of
said order. duly certified ny the clark OF either Of
seia caTrfs II shsII be the duty Of tho surTeyar-
general TO transmit said survey and Plat forthwith
| TO the said court.
.1as sbejt Ia GRANTED By said courts on the arp-
ct,toA of any party whom the district ecnrts, or
tho iadge thereof, in VACATION, saai deem 70 have
snci, an interest IN tho survey AID location OF q
land claim, to make u Juss Ana proper, thAt ne
stoula re allowed to take testimony ind to inter-
VINO for his interest therein and IL Elections
the survey and location sbalt ne fna1eon the part
OF tbs United States the order 70 return Ihe sar-
vey IN court shall be made on tue motion Of the
d stfict att r1ey founded on sutlsiest aid1GVits;
an,i N ne nnofication for such order is made by
other parties claiming to be Interested IL, thru
their rights are affected n.y. sues survey and iecS
tion the court or judge II Vaeetiou, shalt ptO
eeed sanmarlly, afidaYtts or otherwise, to Ia
7,,ira mic M iet of saeh Interest, ana SHAH in
is discre ton determine ghsiher the applicant has
such an interest thersia, rs under tae eireamstan
ces Of the case TO make II proper that no should
be heard opostioa 10 the Survey ana shall grant
O. refuse the order 60 return tho survey aud loes
ton as shall pc iast: Preceded, aoeever fhas all
parties claiming interest under preemPtion, settle
meat or other right or title derived from the
United States shall not be permitted 10 intervene
s0UarateV: buE inc Il4DLS nm iatSESst5 OI saiu
parties shall be by the district attorney
Of the Unlted STATES, Intervening in the name OF
tho United States aided by counsel acting for said
parties jointly if they think pFoperto employ such
counsel Ant prorjded further, That before pro-
eeediug to take the testimony, or to detefaile on
tae validity of any objection SO made to he sur
yey ana location aforesaid, the said courts shall
cause notice to be given, by public advertisement
or in some other form to bs prescribed by their
r,les 10 all parties in interest, that objection has
rvn and lona Cd
taenishjng all parties in interest to intervene for
the roteetion of such interest and the said courts
shall adopt rules providing Ter the prompt and
summary decision ef all controversies on surveys
and locations that may arise under the provisions
of this act.
SIC. L. Aad be 1t further eBacted, That when on
the applcation of the party or parties interested
as atai esaid in said survey and lecatien the
sha,l be returned into court, the said parties mag
rrarsea tn Ia ke testimony to matters necsccary
r. shoyv the true and proper location of the claim
sucb Testimony 10 bs taken in such manner, by de-
posItion or otherwise, or by commission, as the
court may direct, and on hearing the allegations
and proofs tbs court shall render judgment there
On: and IT, in its opinion, tina location and survey
are erroneous IL is hereby authorized to aside
and annul the same, coEeeet and odify it; and
it is here by made iheduty oil the surSeyorgeneral
on being served with certified copy Of the decree
Of said e1utt for hwith to cause survey and
location to be made or to correct and reform the
survey and location already made, as to conform
to the decree OF the district court to whom it shall
oe returned for confirmation and approval.
SEC 5. And be u further enacted That wheD, |
after publication as aforesaid 40 application shall
be made to the said court For the said order, or
when said order has been refused, when order /
shall have been obtained as aforesaid, aud when /
the district court by its decree shall have finally
approved said surrey and location, or shall nave
reformed or modified the same, and determined the
true location of the clIim, it shall be the duty Of
the surveyor-general to transmit, without delay, /
the plat or survey OF tho said claim to the General
Land Office, and the patent for the land as sur
viewed shall forthwith be issued therefor and ne APP
neal shall be allowed from the order or decree as
aforesaid 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 pub.
licaton order, decree, as the case may be, shall
hive the same effect and validity in law as ii a
patent for the land surveyed had been issRed by
the United States.
SEC. 8. 4ad be % further enacted. Thatai surveys
and locations heretofore Inads and approved by the
of Caiifornia, which have been
returned into the sGid district courts or either Of
them, or in which proceedings are now pending for
the purpose of contesting or reforming the same,
arc hereby made subject TO the provisions Of this
act except that in the returned or pending
no pu bfieation shall be necessary the part of
The surveyeT-9eneral.
SEC, 2. And BE- IL further eaucte}, That, for tho
performance of the duties Imposed by this act, and
the private land claims in the State of California,
passed March third eighteen hundred and ittyone,"
here shall be allowed to the judges OF the northern
md southern districts of California, as follows:
70 the Judge of the nothern dis .rict such sum
yiIl, when added 10 his fixed and permanent salary
Allowed by law and received by him, make his
compensation amount to the sum OF SIX thousand
dollars per annum, and snch addition compensation
o be computed from the FIRST day of January, eigh
cen hundred and fity-two; and to tae judge OF
he southern district such a sum as will, when ad
led to his fixed nd permanent salary allowed By
aw and received by him, make his compensation
mount to the sum of thirty-fiye hundred dollars,
uch compensation to be computed and allowed
rom the date Of his appointment TO said office,
md to continue each for and during the poFfOr-
nance of the additional services required to be
by this act, but not exceeding two years
rom and afte-rthe passage OF this act.
SEC 8. Amd be IL further enacted, That all costs
# surveys and publcati MS, under the provisions of
his act shall be charged TO and paid by the United
states costs of litigation in the district courts
hail abide the result thereof, and the court in its
discretion may require security therefor.
SEC. 9. AAd Be it farther enacted, That all asts
md parts of acts inconsistent With the provisions
# this act are hereby repealed.
Approved, June IA, 1850.