Delaware State journal and statesman., 1864-12-13
approved, July l, 1856
lPuBLIC-No. iGi

lPUBLiO-Ao. 1851
An to expedite the settiema mt Of tes 10 nir lie
Stale Vt California.
Belt enacted by the Senate and ouse of
Of the United States Of America in Congress ssemlled
That whenever the surveyor general Of Caitorit shall Ia
compliance with the thirteenth section OF nu Nc eutted
An act to ascertain and sett the private lard claims in
the State Of California" approved blaeh third eiehtea
hunde aud f yone, have cAuse any pFv ne iAod claim
to be surveyed anda plat to ba made thereof he s1 give
Ice that the has esn done hy a pubie,on one,
We f1r four consecutive wssks ia Two newspapers
Sne pub shed 10 the city of San F'Snclso and pab
inhed near the land surveyed shall retain IN h Of
nee for public ntpseton the survey ani plat uat ninety
days from the date Of tile first publication 10 San Francisc,
shall nave expi ed; and II no oleeUus sde 10 ssid
survey he shall approve the transmit copy or
tAe survey and plat thereof to the Commissioner OF the
and nppovali but object ons made said SURVEY
within the sad ninety daysbY any party claiming to have
part thereof such objections shall be redu ed 10 writing
sAng distinctly the Interest OF the objstor aud signed
by him or his Attorney and fled with is su,veyor en
raj, together with adavs other proofs as he NAV
produce support Of the objections At the expiration Of
said luety days the surveyor general shall transmit to
the Commissioner OF the General Land Oee at Washing
ton copy Of the survey plat ami obiections ana
proofs hled with MN n support Of the otertous aud also
Of any proofs Producsd by the claimant e with him
In uppoI of the survey toy tner with his ornisn there.
on and u the survey and plat approved by tue SAID
Commissioner he shall encOTse III certificate OF his
APPROVAL Ifdsiproyed by him IT, in his opiuidn the
ends Of justice would be subaeyrd thereby he may rt-
ornia touching the matters indea9d By i'm OF proofs
to Le taken thereon or may direct survey AMI plat
the survey aud plat corrected or nov survey and
plat are made in conformity his dcc oas ho shall
endorse upon the snrvy and plat adopted his certificate
Of approval After the survey and plat have been as
hsrenbefore provided, approved BY the Commissioner
the General lanl uhce, shall bs the duty the said
Commissioner to cause patent to issue the eiaans
as soon as practicable .iler such approval.
Sec 2 And be II further enacted That the PROVISIONS
o. the preceding section Shall amply 70 all surveys and
plats by the surveyor general California hsr tofira
nade, which have not already been approved hy
the district eours OF the unllei states for California,
by the Comm'ssiouer OF the General Land Office pror
ded That where proceedings for tile correction or confirm
aton oi survey ave pending on the passage Of this act in
Of the sad district courts 1t shall be lawful ir such
district court 10 proc cd aud complete It's examination
and Determination Of the matter, its deere thereon
shall be subject oaeal to the circuit court OF the untad
Stsies for the district III like aanner Rii with like elect
Ms hereafter provided for appeals IN 9th to the cir
cult court; and such appeals may b. in like Anrr dis
po- I'd Of by said circuit court
Sec. s. and be It further enacted That where a Mat
and sur ey have already been sppovel corrected by
OF ths district courts Of toe United states Caik
MA and au appeal Rom the decree ot approval
ton has already been taken the Supreme Court OF tha
unIttd States, the said Supreme Court hal have usde
uon 10 near enl deermhe the appeal But whsre from
such dseiee ofapprovA correction appeal bsen
takes to the supreme Court appeal that conrt shall
months alter This act shall Rke effect, tile circuit court
Of the United States for California, aud SAID circuit court
shall proceed to fully determine the matter he snid
circuit shall have power 10 aim or reverse or
modify the action Of district court or oIdsr tie case
back to tue surveyor general FIR survey When
the s ordered back for survey the
survey OF the surveyor general shall bo Eude the super
vision Of the Commissioner Of the General Land Otca
aud not OF the district cirrul curt .. tho United
States
Sec l. And he IL further enaetoi ThAt,when.yer the
district judge Of any Of tho dis rt eours tile Uni
ted States for Caliornt is ner,stel 10 sny iAnJ tho
claim 70 which, unlsr the said act Of March thfa eigh
teen hundrad and iftyone, Is pend ng before him ap.
real from the board t commissioner led sail act
The said dittfet eout shall order ts eass Il, M r,ns
ferei the circuit the United States for Caor
MIA, which court shall IKE Jurisdiction
trnine tue 1hs sid district courts may also oider
transfer the said ci cult Of auy other eases ar
eng under said act pending before them affecting the title
10 lands within the corporate limits f any CITY or
Is flfr
st
title Of the United States to tile lands within the 90 pota
Limits Of the city OF san Francisco, dtnel In III. act
Incorporating aaid ely passed by the legisatureef the
State OF CElurRa, the fifteenth of Apione thnutand
eight hundred and lyOne, hereby fenquishyd and
granted tho said city and Us iha uses and
purposes specified 10 the oTdins said yratiel by
an OF the Legislature o. the sid state approved on
the eleventh Of March, eighteen hundred rnd y- ish
entitled "Ah act eoneernng the city fSAu Frgncisc1 ard
ifJ aud confirm certain ordinances of the common
council OF said city, there being excepted from this re-
linqui ishm9nt and grant s sites other lands
whith hAN- beeu or now occupied by The United
States fr AIRY, naval other pablo or such
ether ties parcel. as may hcreftcr be designated
by the President Of the United States, within one year
after tile rendition 70 The General Land once, by the
survey general q an approved patof he exterior mit
San Francisco, recognized In this section in con
nvxon with the lines Of the publli surveys; Aud proyi
dsd That the relinquishmsnt and grant hy this ae s
10 no manner interfere with OF prejudice any bcns Ad'
claims Of others, whether asserted adversely under right
derived from SPAIN htxeO, the laws Of the Unitet
States prseude judicial examination aud adjust
| ment thereof
D. Auu be turner enacte1. Tn1t It shall be th
e duty Of the raj Of California to all Ia
private land claims finally confirmed to be accurately sur
vsyed aud pa;s thereof to be made whenever rqaste,
by the claimants Provided. That each ela8ini r. iest
lug survey and plat hall rst deposit In the distri,
e uf The district within which the land situated
sufficient sum Of mony the expense Of such sutve
ard plat and Of the publication qnird by the first
tiou II this act Whenever the and plat
shall have besn completed and forwarded to the C'nmi
soner Of the Gene al Land Office, required by this
the district court may direct the application Of the none
~ deposited much thereof may be necessary.
the payment OF the expenses Of said survey AID public
I ton.
Sec 4 And be it further enacted. That 1t shall bo u
OF the surveyor general Of California in making
du, the private land claims hnay confirmed, 70 folio
veysoI af confirmation closely practicable whe
the decree designaes thu specific boHt ss OF u
such de,- such deree dssg mates only The ou
claim. Bat VIII which the qaintiiy confirmed 10
boundaries within '4th quantity shall te made
taken, The locationots and in compact form. Al
praetieAble In 'VlnlsrveniuE grants be
II the character OF the land cable one tract th
render ths location nprA de- as near az pract
| each seps location shall be m .Aa da.v Of L
ble, in = comRset form. Aud II shsil Y a., wire
Commissioner Of the General Land ohfcd 30 rep
substantial compliance with the directi Of this re
on before approving auy survey and plat forwarded
2, him.
g sec S. And be It further enacted Thst ths act ent
$ "An to amend act entitled An act dshus an
regulate the ursdction Of the diatTic OF t
" United States in Caifona, in gard TO the survey an
, location Of eolArmei private laud claims approve
y June fourteen eighteen hundred and Ny. sud s Pre-
visions OF liw inconsistent with this aet hereby
q pealed.
rs Approved, July l, istA