Year: 1867

SOFA 10 purchasers in good faith under the laws OF
the State such selections shall, from the date of
tue passa- C of this act, when marked off and de-
signated in the field have the same force and ef
feet as the pre-emption rights of settler upon
unsurVeyed public land and if upon survey of
such lands by the United States, the lines of the
the two surveys 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 Sc
lection. 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 this act as is allow
ed pre-emptors under existing laws; and if found
in accordance with section one of this act, the
land embraced therein shall be certified over to
the State by the commissioner ofthe general land
office.


Sec. 4. And be it further enacted, That in all
cases whel lie 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 commissioner of the general land
office to certify over to the State of California,
swamp and overfiowed all the lands represented
as such, upon such approved pats, within one
year from the passage of this act, or within one
year from the return and approval of such town.
ship plats. The commissioner shall direct the
United States surveyor-general for the State of
California to examine the segregation maps and
surveys of the swamp and overflOwed 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
townshs plats accordingly, and forward to the
general land office for approval Provided, That
in segregating large bodies of land, notoriously
and obviously swamp and overtlowed, it shall not
be necessary to subdivide the same, but to run
the exterior lines of such body of land. In case
such State surveys are found not to be in accor-
dance 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 segrega-
tion surveys, upon application to said surveyor
general by the governor OF said State within one
year of such application, of all the swamp and
ovcrtiowed land in such townships, and to report
the same to the general land office, representing
and describing what land was swamp and over
flowed under the grant, according to the best evi-
dcnce he can obtain. If the authorities of said
State shall claim as swamp and overfowed any
land not represented as such upon the map or in
the returns of the surveyors, the character such
land at the date OF the grant, September twenty
eight, 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.


Sec. 5. And be it further enacted, That it shall
be the duty OF the commissioner of the general
land office to instruct the officers OF the local land
offices and the surveyor general, immediately al
ter the passage of this act, to forward lists of all
selections made by the State referred to in sec
tion one of this act and lists and maps of all
swamp and overlowed lands claimed by said
State or surveyed as provided in this act, for ii
nal disposition and determination, which final
disposition shall be made by the commissioner of





Sec t. And be it further enacted, That an
an act entitled g An act to provide for the survey
of the public lands in California, the granting of
pre-emption rights therein, and for other pur-
poses,'' approved March third, thousand
eight hundred and tifty-thrce, shall be construed
as giving the State of California the right to Sc
such sixteenth ard thirty-sixth sections were
settled upon prior survey, reserved for public
uses, covered by grants made under Spanish or
Mexican authority, or by other private claims, or
1rbn oh wOul0
lines of the public surveys were extended over
such lands, which shall be determined whenever
township lines shall have been extended over
such land, and in case of Spanish or Mexican
grants when the final survey of such grant, shall
have been made. The surveyor general for the
State of California shall furnish the State author
tiles with lists fall such sections covered, as
a basis of selection, such selections to be made
from surveyed lands, and within the same land
district as the section for which the selection is
made.


Sec. Z. And be it further enacted, That where
persons in good faith, and valuable consideration,
have purchased Ian Is of Mexican grantees
signs which grants have subsequently been re-
iectcd or where the lands so purchased have been
excluded from the final survey of any Mexican
grant and have used, improved, and continued
in the actual possession of the same as according
to their original purchase, and where no valid
adverse right or title Except of the United
States) exists, such purchasers may purchase the
same, after having such lands surveyed under cx
istng laws at the minimum price established by
law upon first making proof of the facts as re
auircd in this section, under regulations to be
provided by the commissioner of the general
land Office Joint entries being admissible by CO.
terminous proprietors to such extent as will ell
able them to adjust their respective boundaries
Provided, That the provisions of this SECTION
Francisco Provided, that the right to purchase
herein given shall not extend to lands containing
mines of gold, silver, copper, or cinnabar: Provi
ded. That whenever it shall be made to appear
by petition from the occupants of such land that
injury to permanent improvements would result
from running the lines of the public surveys
throgh such permanent improvements, the com
missioner of the general lrnd office may recognize
existing lines of subdivisions.


Sec g. And be it further enacted, That in al
cases where claim to land by virtue OF a right
or title derived from the Spanish or Mexican All
thorties has been finally confirmed, and a survey
and plat thereof shall not have been requested
within ten months from the passage of this act
as provided by sections six and seven of the act
of July first eighteen hundred and siXty-four
s'To expedite the settlement of titles to land in
the State of California" and in all cases where
like claim shall hereafter be finally confirmed and
survey and plat thereof shall not be requested
as provided by said sections within ten months
after the pHssage of this act, or any final confir
nation hereafter made, it shall be the duty o
the surveyor general OF the United States for
California, as soon practible after the eXpira
tion of ten months from the passage of this act
or such confirmation hereafter made, to cause
the lines of the public surveys to be extended
over such land and he shall set Of in full salts





of the public surveys, the quantity of land con.
firmed in such final decree, and as nearly as can
be done in accordance with such decree; and all
the land not included in such grant as to set of
shall be subject to the general land laws of the
United States Provided, That nothing in this
act shall be construed so in any manner to in
terfere with the right of bona fide preemption
claimants.


Sec. 9. And be it further enacted, That from
the DEGREES of the district courts of the United
States for the diftrict of California, approving
correcting the surveys of private land claims un
der Spanish or Mexican grants, rendered afte1
the first day of July, one thousand eight hundred
and sixty-fve, on appeal shall be allowed for the
period of year after the entry of such DEGREES
to the circuit court of the United States for Cal
iforna, as provided by section three of the act O
July first, one thousand eight hundred and sixty
four to expedite the settlement of titles to land
in the State of California, and the decision ofthe
circuit court shall be final Provided, That from
DEGREES of the district courts, as aforesaid made
after July one, eighteen hundred and sixty
and prior to the of this act, an appeal may be ia
ken to the United States circuit court for thu
State OF California within one year from the ap
proval of this act.


Approved, July %, 1866.


TuAp rHYYY