precision, their truth is apparent without argument; or it may happen, that when so stated, they are seen by counsel to be so palpably unsound that they are not urged *372upon tbe attention of tlie Court. Tbe briefs of tbe defendant's counsel, also, possess tbe faults we bave mentioned; and, indeed, very many of tbe briefs filed in tbis Court are subject to tbe same censure. Tbe reporter is unable to do counsel justice, when, instead, of copying tbe points from tbe brief, be is compelled to surmise tbe points from tbe argument. While on tbis subject, some other matters may be adverted to, by which many briefs might be materially improved. If tbe facts are stated, they should be stated briefly. Tbe case is more than half argued when tbe facts are well stated. Neither tbe points, arguments nor authorities, should be mingled with tbe statement of facts. When cases are cited, tbe titles of tbe cases should be given, and when statutes of tbis State are cited, tbe page of the annual statutes should be given, even where a reference is made to a digest.
Tbe plaintiff bases, bis position, that tbe selection and tbe location of tbe land are two separate acts, upon tbe language of tbe eighth section of tbe Act of Congress of September 4, 1841, tbe section granting tbe land to tbe several States. Both of these terms are employed in tbe section, and they may not be synonymous. Provision might be made for tbe selection of tbe lands; that is to say, tbe State might indicate in such mode as she saw proper, what lands she desired to acquire in satisfaction of tbis grant, and provision might be made for their location at a future time, or by other agents. But it seems clear to us, that title to any particular parcel of land does not vest in tbe State, until tbe location is made. There is nothing in tbe Act of Congress, tbe regulations of tbe General Land Office, or tbe statutes of tbis State, which lends countenance to tbe idea, that the making by an officer or agent of tbe State, of a description or list of lands which tbe State desires to acquire under tbe Act of Congress, and tbe filing of tbe same in any State office, vests tbe title in tbe State or a purchaser from tbe State. But if tbis were not true, it is unquestionable, that no valid selection can be-made of unsurveyed lands.
*373No special notice is required of tbe points of tbe plaintiff, wbicb are based on tbe assumed validity of tbe certificate of tbe Register of tbe Land Office-at Benicia.
Tbe Act of Congress of July 23, 1866, to quiet land titles in California, will not assist tbe plaintiff in tbis action, because tbe right or title, if any, wbicb be acquired by virtue of tbe Act, did not vest in bim until after tbe commencement of tbe action.
Tbe certificate of tbe