The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1867-01-19
-.,---u~pr~a loEEHoIAL. s~spssaass
LAWS Or THE UNITED STATES,
PGsssd AZ the First Session Of 40 7Hirty-NipiA
CoRqycss.


| BE II enacted by the Senate and House Of
Representatives Of the United States Of America
lin Congress assembled, That In all cases where
the State OF California has heretofore. made 90.
lections OF any portion Of the public domain ~
part satisfaction OF any grant made TO said
State by any act OF Congress, and has disposed
OF the same to purchasers In good faith under
her laws, the lands 80 selected shall be, and
hereby are, confirmed 10 said State, Provided,
That no selection made by said State contrary
10 existing laws shall be conhrmedsby this ACT
for lands 10 which any adverse presumption,
homestead, or other right has, Mt the date Of
the passage Of this act, been acquired by any
settler under the laws Of the United States, or
TO any lands which have been reserved for ma
val, military, or Indian purposes by the United
States, or TO any mineral land, or TO any lana
held or claimed under any valid Mexican or
Spanish grant, or 10 any land which, al the
time Of the passage OF this act was included
within the limits Of any city, town, or village,
or within the county Of San Francisco: And
provided further, That the State Of California
shall not receive under this act q greater guam
tity Of land for school or improvement pur-
poses than she Is entitled to by law.
Sec. q And be II further enacted, That where
the selections named In section one Of this act
have been made upon land which has been sur
veyed by authority Of the United States, II
shall be the duty OF the proper authorities OF
the State, where the same has not already been
done, to notify the register Of the United States
land office for the district In which the land Is
located Of such selection, which notice shall be
regarded as the date OF the State selection, and
the commissioner OF the general land office
shall, Immediately after the passage Of this act,
| instruct the several local registers 10 forward
TO the general land office, after investigation
and decision, all such selections, which, II
| found TO be In accordance with section one OF
this act, the commissioner shall certify over TO
| the State In the usual manner.
| Sec. .. And be II further enacted, That where
the selections named In section one Of this act
have been made from lands which have. not
been surveyed by authority OF the United
States, but which selections have been surveyed
by authority of and under the laws Of said
| State, and the land sold to purchasers In good
| faith under the laws OF the State, such selec-
tons shall, from the date Of the passage of this
| act, when marked OFF and designated in the
field, have the same force and effect as the pre-
emption rights Of a settler upon unsurveyed
| public land; and II, upon survey Of such lands
| by the United States, the lines Of the two sur
yeys shall be found not to agree, the selection
shall be so changed as to include those legal
subdivisions which nearest conform TO the
identical land included in the State survey and
selection. Upon the filing with the register Of
the proper United States land Office of the
township plat in which any such selection Of
unsurveyed land is located, the holder of the
State title shall be allowed the same time to
present and prove up his purchase and claim
under thisllct as Is allowed pre-emptors under
existing laws; and If found In accordance with
HtcIlOn O0e OI Llllb act, lu0u el0DIhctu
therein shall be certified over to the State by
the commissioner Of the general land office.
Sec. 4. And be 1t further enacted, That in all
cases where township surveys have been, or
shall hereafter be, made under authority of the
United States, and the plats thereof approved,
it shall be the duty Of the commissioners of the
general land office to certify over the State Of
California, as swamp and oyerfiowed, all the
lands represented as sliclr upon such approved
plats, within one year from the passage of this
act, or within one year from the return and
approval Of such township plats. The COM
missioner shall direct the United States sur
veyor-general for the State of California to ex-
anime the segregation maps and surveys of the
swamp and ovcrfI0wed lands made by said
State; and where he shall find them to conform
to the system Of surveys adopted by the United
States, he shall construct and approve town
ship plats accordingly, and forward to the gen.
eral land office for approval: Provided, That
in segregating large bodies of land, VIGOROUSLY
and obviously swamp and overlooked, 1t shall
not be necessary to subdiyde the same, but to
run the exterior lines of such body Of land
In case such State surveys are found not to be
in accordance with the system Of United States
surveys, and In such other townships as no
survey has been made by the United States,
the commissioner shall direct the surveyor
general to make segregation surveys, upon ap-
plication to said surveyor-general by the gov
ernor Of said State, within one year of such |
application, Of all the swamp and overfiowed
land in such townships, and TO report the same
to the general land office, representing and de- |
scribing what land was swamp and overiowed |
under the grant, according to the best evidence |
he can obtain. Ii the authorities Of said State |
shall claim as swamp and oyernowed any land |
not represented as such upon the map or in the |
returns of the surveyors, the character of such |
land at the date OF the grant, September
twenty eighteen hundred and fifty, and
the right to the same, shall be determined by
testimony, to be taken before the surveyor
general, who shall decide the same, subject to
the approval Of the commissioner Of the general |
land office. }sl I I'VE 05l
Sec. 5. And be itfurther enacted, That 1t shall
be the duty Of the commissioner Of the general
land Office to instruct the officers e The laGs
ately after the passage Of this act to forward
lists Of all selections made by the State referred
to in section one Of this act, and lists and maps
Of all swemp and overlooked lands claimed BY
SAID state, or surveyed as provided in this act,
Tor nnal disposition and determination, which
final disposition shall he made by the commits
sioner Of the general land office without DELAY
Sec. U. And be 1t further enacted, That an
act entitled "An act to provide for the survey
y the public lands In California, the granting
II presumption rights therein, and for other
purposes" approved March third, one thou
'and eight hundred and fifly-three, shall be
construed as giving the State Of California the
'ight 70 select for school purposes other lands
n lieu OF such sixteenth and thirty-sixth Sec !
ions as were settled upon prior to survey, re- |
erged for public uses, covered by grants made
lnder Spanish or Mexican authority, or by /
ther private claims, or where such sections /
would be so covered If the lines of the public Z
urveys were extended over such lands which \
hall be determined whenever township lines I
hall have been extended over such land, and [
2 case OF Spanish OF. Mexican grants, when c
he final survey Of such grants shall have been $
laue., Inc SlrVeyor-general for the State of s
'alifOrnia shall furnish the State authorities /
Tlth lists OF all such sections so covered as u s
asis OF selection, such selections to be made {
rom surveyed lands, and within the same E
md district as the section for which the selec-
on is made. n
Sec. I. And be ii further enacted, That where d
ersons IN good faith, and for q valuable con- 81
Iteration, have purchased lands Of Mexican c
rantees or assigns, which grants have subse- \
uently been rejected, or where the lands 50 b
urchased have been excluded from the final RI
irvey Of any Mexican grant, and have used. h
approved, and continued In the actual pos
ssion OF the some as according to the lines of q
leir original purchase, and where no valid adj
rise right or title Except of the United States
me, after having such lands surveyed under =
listing laws, at the minimum price estab-
'hed by law, up0u first making proof of the ..
cts as required in this section, under regula- |
'ns to be provided by the commissioner OF the !,
neral land office, joint entries being admissi- u
by coterminous proprietors TO such an ex- a,
nt as Will enable them to adjust their re- Vi
ective boundaries; Provided, That the pro-
sions OF this section shall not be applicable =
the city and county Of San Francisco: Pro-
ded, That the right to purchase herein given
all not extend to lands containing mines Of
Id, silver, copper, or einnabar: Provided.
lat whenever IL shall be made to appear by IT
dtion from the occupants Of such land that i
Jury 70 permanent improvements would re- ri
Il from running the lines Of the public sur. tw
Us through such permanent Improvement.
: commissioner Of the general land office NAV pr
,ognize existing lines Of subdivisions. i'm
sec. s. And be 1t further enacted, That In all I'M
,es where claim 70 hand by virtue Of n right ioI
title derived from the Spanish or Mexican
thorities has been finally confirmed, and a lis
rYey and plat thereof shall not have been w
Iuested within ten months from the passage
this act, rs provided by sections six and =
en OF the act Of July first, eighteen hundred
] sixty -four, "To expedite the settlement OF
es TO lands In the state Of California; and
all cases where a like claim shall hereafter, 1
finally confirmed, and survey and plat ~,
reof shall not be requested, as provided by -,
] sections within ten. months after the pas- H.,
e Of this act, or any final confirmation here M
n made, 1t shall be the duty Of the SURVEYOR
Ieral Of the United States for California, as 70
n as practicable after the expiration Of ten NJ,
nths from the passageof this act, OF such a.
Il confirmation hereafter made, TO cause the = 1
> Of the public surveys TO be extended over Ia,
b land and he shall set off, I'm full satisfac ,'.s
Of such grant, and according 70 the lines IL,