Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1864-09-08

that may accrue from the lmpOSlUOn OIL
the tax asherein provided shall be depos-
tied and applied TO the use of the general
fund of the said city of Washington.
Approved, July l, 1864, n
p [PUBLIo-No. 166.
AN ACT to expedite the settlement of IT,
ties to lands in the State of California.
Be it enacted by the Senate and House
of Representatives of the United States
of America in Congress assembled,
That whenever the surveyor general of
California shall, in compliance with the
thirteenth section of an act entitled San
act to ascertain and settle the private land
claims in the State of California;" ap-
proved March third, eighteen hundred
and fifty-one, have caused any private
land claim to be surveyed and a plat TO
be made thereof, he shall give notice that
the same has been done by a publication,
once a week for four consecutive weeks,
in two newspapers, one published in the
city of San francisco, and one published
near the land surveyed; and shall retain in
his Office, for public inspection, the sur
vey and plat until ninety days from the
date of the first publication in San Fran
cisco shall have expired; and If no OBJ
iections are made to said survey, he shall
approve the same, and transmit copy of
the survey and plat thereof to the Com
missioner of the General Land Office at
Washington, for his examination and APP
proval, but if objections are made to said
survey within the said ninety days, by
any party claiming to have an interest IN
the tract embraced by the survey, or any
part thereof, such objections shall be re-
duced to writing, stating distinctly the IN
terest of the director, and signed by him
or his attorney, and fled with the survey
or general, together with such afidavils or
other proofs as he may produce IN sup
port of the objections. AT the expiration
/ of the said ninety days the surveyor gem
| eral shall transmit TO the Commissioners
of the General Land Office at Washington
a COPY of the survey and plat, and objec-
tons, and proofs filed with him in sup
port of the objections, and also OF any
proofs produced by the claimant and fled
with him in support OF the survey, 5e o,
gether with his opinion thereon; and II
| the survey and plat are approved by the
said commissioner he shall endorse there
on a certificate of his approval. If dis,
approved by him, or If, in his opinion,
the ends of justice would be subserved
thereby, he may require a further report
| from the surveyor general of California,
touching the matters indicated by him, or
proofs to be taken thereon, or may direct
q new survey and plat to be made. When
ever the objections are disposed of, or
the survey and plat are corrected, or a
new survey and plat are made in conform
ity with his directions, he shall endorse
upon the survey and plat adopted his Ger.
tifcate of approval. After the survey and
plat have been, as hereinbefore provided,
approved by the Commissioner of the
General Land Office, it shall be the duty
of the said commissioner to cause a pat
ent to issue to the claimant as soon as
practicable after such approval.
SEC. 2. And be it further enacted, That
the provisions of the preceding sec. shall
apply to all surveys andplats by the survey.
or general of California heretofore made
which have not already been approved by
one of the district courts of the United
States for California, or by the Commits
lsioner of the General Land Office: Pro
vided, That where proceedings for the
correction or confirmation of a survey are
pending on the passage of this act in one
of the said district courts, it shall be law
full for such district court to proceed and
complete its examination and determine
Ition of the matter, and its decree thereon
shall be subject to appeal to the circuit
lcourt of the United States for the district
in like manner, and with like effect, as
hereafter provided for appeals in other
cases to the circuit court and such APP
lpeaIs may be in like manner disposed Of
by said circuit court. f
SEC. 3. And be it further enacted, That
where plat and survey have already been
lapproved or corrected by one of the-dis-
trict courts of the United States for Cali
fornia, and an appeal from the decree Of
fapproVal or correction has already been
taken to the Supreme Court of the Uni
ted States, the said Supreme Court shall
have jurisdiction to hear and determine
the appeal. But where from such decree
l.of approval or correction no appeal has
been taken to the Supreme Court, no APP
peal to that court shall be allowed, but an
appeal may be taken, within twelve
months after this act shall take effect, to
the circuit court of the United States for
California, and said circuit court shall
proceed to fully determine the matter.
The said circuit court shall have power to
affirm or reverse or modify the action of
1.-THE district court, or order the case back
to the surveyor general for q new survey.
| When the case is ordered back for a new
survey, the subsequent survey of the sur
veyor general shall be under the super
vision of the Commissioner of the Gener-
al Land Office, and mot of the district
court of the United States N
SEC. 4. And be it further enacted, That
whenever the district judge or any one of
the district courts of the United States for
California Is interested in any land, the
claim to which, under the said act OF
March third, eighteen hundred and nifty;
one, Is pending before him, on appeal
from the board of commissioners created
by said act, the said district court shall
order the case TO be transferred TO the CIR 2.
cult court of the United States for Cali
fornia, which court shall thereupon take
Jurisdiction and determine the same. The
said district courts may also order trans
fe, IN the aid circuit court of any other
-. -,,,,dar said act T1audinQH h.