, 1860-11-09

u the Uuted States In California In regard TO the
Survey and Location Of confirmed Private Land
Claims.
Be Il snaeisd 6y tAs Ssnats and Houss Of Rrprtssn.
tatvs5 Of tie UAitcd Staiss Of America. IN COngTeI
attcnbiod That whenever tie surveyorgeneral Of
California shall, In compliance with the thrtirth
ton Of act entitled An art 10 ascertain and settle
ttbel private land claims in the State of California
approved Maryh three eighteen hundred and ity-one
have caused any private land claim 10 be surveyed
and plat 10 Be made thereof he shall give notice
that the same has bsen done and the survey and plat
apprved BY him, By publication once a week for
i66r weeks IN two neWspapsrs, one Published in tie
city OF San FnnciseO, and one OF which the place 4
paboaton Is nearest the land II the land Is situated
N the uoitbern district of California; and once week
ior four weeks 10 two neNspapeu, one published In
Las Angeles. and Of which the place of publea,
ton l. neae the land u the land Is situated in the
soathern district of California; and until the expin.
ton Of aneh dine, the survey and plat shall be retain.
ed In bis olice suhiect 10 Inspection.
SEC. = AHd b n further Snaeied That the district
courts Of the United States for the northern and south
districts Of California are hereby authorized upon
The Application Of any party interested. 10 make an
order requiring any survey Of private land claim
within their respective districts 10 be returned into the
district eourt Tor examination and Adjudication, and
on The receipt Of said order duly certified by the clerk
of either of said courts IL shall be the duty OF the
veyOrgeneA 70 transmit sald survey and plat forth
with 70 the said court
Sac. 3. And b. Il further snaeted, That said order
shall be granied by said courts the Application OF
any party whom the district courts the dye there
o. 10 vacation. shall deem TO have such an Interest In
the survey and location Of La claim. a. TO make il
Just and proper that be sh0hld be allowed 10 take tes
umony and 70 intervene for bis interest therein; aud II
objections 10 the survey aud location shall be made
The part OF the United States the order 10 return the
survey into court shall be made on the motion Of the
district attorney founded sufficient aidavts; and
The Application for such order Is made by other par
ties claiming % 10 interested 10, that their rights
are Affected W. such survey aad location the court or
The Judge Ia vacation, shall proceed summanly, on
adavts Otherwise to inquire into the fact Of zgeh
nteiest, and shall 10 IL discretion determine Wheth-
e The applicant has such an Interest therein, under
The Circumstances Of the case 10 make Il proper that
he should he beard Ia opposition 10 the survey and
shall grant refuse the order " return the survey aud
loeAtiOn as shall Ue just; PrOpided h0iceUsr, That
al parties claiming Interest under preenpton. selte
ment, or other nght title derived from the United
States not te PERMITTED 10 Intervene separately but
The nghts aud Interests Of said parties shall be repre-
aented by the district attorney Of the United Sates
intervening IN The name Of the United Sates aided
by counsel acting for said parties jointly II think pro-
er 20 employ such counsel; AHd Pr0pidsd tu5thsT,
That beioru proceeding 10 take the testimony, or 10
determine the validity Of any objection 10 made 10
The survey and location Aforesaid. the said courts
shall cause notice 70 be gven by public advertisement
or In sOme other form be prescribed by their rules
70 all parties In interest," that objection has beeu made
" such survey and LOCATION and administering all par
Ties IN Interest 10 Intervene for the protection Of such
Interest; and the aad courts shall adopt rules pruvd
Ing for the prompt and summary deeisiun OF sl con.
tOverses on surveys and loratJns that may arise un
der the provisions of this act.
sEc. I, And be l further enacted, That when on
ne application OF the party parties interested a.
Aforesaid. 10 said survey and location the same shall
oe returned Into court, the said parties may pOceed
y take tcstmuny 70 any matter Necessary 10 show
ihe true and proper location Of the claim such test
money 70 b taken In such manner by deposition or
othetWi.e, or by commission the cOut may direct
md, on hearing the allegations and prO0fa the eur
.hal render judgment therein; and IT, in is opinion
ne ocatnn and survey errune0us il Is hereby
thoFzed 70 set aide aud annul the same, correct
and modify ~ and Il 4 hereby made the duty Of the
Harveyorgenefa. being neryed with certified copy
q the decree OF aid court, forthwith 10 cause
survey and location 10 Be made, TO correct and re-
iorn The survey and location already made. to
oniorn 10 the decree OF the district court 10 whom
il shall be returned for confirmation and approval.
sno. $, And b further enacted, That when, after
pu1eation a. doresaid, no Application shall be made
70 The aid court for the said order or when said order
has teen refused. or when an order shall have been
obtained a. Aforesaid and Whea the district court by
u deeree shall have nnay approved sald survey and
h'catlon, or shall have reformed modified the same
and determined the true location or shall have remov
Cd OF nodded the same, and determined the true To-
cation Of the claim II shall be the duty OF the survey
orgenerai 10 transmit, without delay the plat
yey Of The said claim 10 the General Land Ofiee and
he petent for the land surveyed shall forthwith be
Issued therefor aDd no appeal shall be allowed from
me order or decree Aforesaid Of the said district
court nnles. applied for within six months from the
and the said plat and survey finally determined BY
pubhcanon, urder. or decree the may be- shall
have The sane effect and validity in Law d patent
ior ne land % surveyed had been issued by the United
SIC G. And be Il further snaetsd, That all surveys
and locations heretofore made and approved by the
surveyor general Of California. which have been re.
turned INTO the said dtret courts or either Of them
OF IN which proceedings pending for the pur-
pose OF eontesting or reforming the same are be eby
made subject 10 the provisions OF this act except that
N the cases 50 returned or pending publication shall
Be necessary on the part Of the surveyorgenrral.
sEo. 7. And be Il further enacted. Thit, for the
performance OF the duties imposed by this act and
the enttled An act 70 ascertain and settle the1 M
vate land claims In the State Of California passed
March third eighteen hundred and hfty-one' there
shal Be allowed 70 the Judges Of the northern and
sOuthen districts Of California as follows: To the
Jhdge Of The northern district such a sum as will.
Wnen added 70 his fixed and permanent salary allowed
oy law and received by him, make his condensation
amount 70 the sum OF six thousand dollars er Anuum
and sneh additional compensation 10 be computed
run the first day Of January, eighteen hundred and
hytwo; and 10 the judge Of the southern di strict such
sum as viii. when added TO bis fixed and permanent
salafy allowed by law and received BY him, make his
compensation amount TO the sum OF thirty i've hun.
dred dgilAFS, such computed and allowed from the
dAIe OF MS appointment TO said Office and to continue
each Tor and during the performance Of the additional
services required TO be performed by this act bat not
act - ''''
SEC. g. And be It further enacted, That all costs Of
surveys and publications. under the provisions Of this
ae shA be charged 70 and paid by the United Stites
and costs OF litigation n the district courts shall abide
The result thereof and the court in its discretion NAV
require security therefor.
SEC. 9. And be il further enacted That all acts
and parts Of acts inconsistent With the provisions Of
this act are hereby repealed.
Ann - Ina IA