county aforesaid, by the consideration of the court, hath recovered judgment against C. D., to have restitution of (here describe the premises as in the complaint). You are therefore commanded, that taking with you the force of the county, if necessary, you cause the said C. D. to be immediately removed from the aforesaid premises, and the said A. B. to have peaceable restitution of the same; and you are also commanded, that of the goods and chattels of the said C. D. within said county, you cause to be made the sum of dollars for the said plaintiff, together with the costs of suit days from this date. Given indorsed thereon, and make return hereof within under my hand, this day of A. D., "E. F., Justice of the Peace." SEC. 18. This act shall take effect on the first day of January, eighteen hundred and sixty-four. Lands of State. [For the purpose of securing, as far as practicable, a convenient order in the grouping of the various acts relating to this complicated subject, it is divided into the following sub-heads: I. School Lands II. Swamp and Overflowed, Salt Marsh and Tide Lands III Land Office of State IV. Lands ceded to the United States V. Beach and Water Lots in San Francisco 3970 4058 4181 4215 4227 On account of the nature of the subject, and for the purpose of giving a connected view of the legislation in regard to it, as well as for the illustration of rights which have become vested under and depend upon them, the repealed acts are given. Those that have been expressly repealed are so noted; but it will be observed, from the general nature of many of the repealing clauses, that many of the provisions, not so noted, have virtually given place to later provisions of a different character.] I. SCHOOL LANDS. 3970. An Act to provide for the disposal of the five hundred thousand acres of land granted to this State by act of Congress, that the people of the State of California may avail themselves of the benefits of the eighth section of the act of Congress approved April 4, 1841, chapter 16, entitled An Act to appropriate the proceeds of the sales of the public lands and to grant preemption rights, the following provisions are hereby enacted. Approved May 3, 1852, 41. [This act was repealed, with a saving of vested rights, by the act of April 23, 1858, 248, given post, 3996. It is, however, thought advisable to give it on account of vested rights, and as explanatory and illustrative of other legislation.] 6 Cal. 8. 3971. SECTION 1. The governor of this State is hereby authorized to issue land Land warrants. warrants for not less than one hundred and sixty and not more than three hundred Cal. 110. and twenty acres in one warrant, to the amount of five hundred thousand acres, which 21 Cal. 330. warrants when so signed and issued by the governor shall be countersigned by the controller, and by him be deposited in the office of the treasurer of State for sale, charging the same to account of the treasurer. land warrants. rants, or three per cent, bonds received in pay ment. 3972. SEC. 2. The treasurer of State is hereby authorized, on application to him State treasurer therefor, to sell said land warrants for two dollars per acre, in the lawful currency of authorized to sell the United States, in State scrip or controller's warrants drawn upon the general fund, State scrip, waror bonds of the civil debt of the State, now due, the interest, if any thereon, to be included in the aggregate of such payment, and the said treasurer is required to convert all lawful moneys of the United States, and all State three per cent. bonds, or controller's warrants so received by him, into bonds of the civil funded debt of the State, bearing seven per cent. interest per annum, and to keep such bonds as a special deposit in his custody, marked "School Fund," to the credit of said school fund. All interest falling due on said bonds so set apart to the credit of the school fund shall be semiannually placed to the credit of said school fund. All State three per cent. bonds, or controller's warrants so converted by him into seven per cent. bonds as above provided, shall be canceled and destroyed in the manner now provided by law. warrants to 3973. SEC. 3. The parties purchasing such warrants and their assigns are hereby Purchasers of authorized in behalf of this State to locate the same upon any vacant and unappro- locate the same. priated lands belonging to the United States within the State of California subject to such location, but no such location shall be made unless it be made in conformity to Lands must be entered in the the law of congress, which law provides that not less than three hundred and twenty acres shall be located in a body. 3974. SEC. 4. Lands thus located shall be run off by a line north and south, and office of the clerk east and west, and shall be sufficiently designated by lines and distances, corners, or posts, as the case may be, and an entry made thereof in the office of the clerk of the county court of the county in which such lands shall be located. of county. 9 Cal. 52. Right of possession. Two persons claiming saine land. Improvements. Proviso. 3975. SEO. 5. The location made of the lands belonging to the United States as aforesaid, shall secure to the purchaser the right of possession to the land embraced within said survey until such time as the government survey shall have been made; after which, said lines shall be made to conform to the lines of sections, quarter sections, and fractional sections of said government survey; and in the event that two or more persons shall have made a location on the same section, quarter section, or fractional section, then, and in that event, the person whose location embraces the largest portion of said section, quarter section or fractional section, shall be first entitled to said location of the same. 3976. SEC. 6. If in the survey to be hereafter made by the general government it should so happen that the improvement made by any person purchasing and locating lands under this act, shall not compose the larger part of the first survey, then, and in that case, the party may, if they prefer it, retain that portion which has upon it their buildings and improvements, although it be the smaller portion of said section, quarter section, or fractional section; provided, nothing herein contained shall authorize snch location upon any lands heretofore granted by this State, or by the general government, or on lands at the time of such survey and location, actually occupied and improved by actual settlers, unless such location be made by the owner of such improvements, not to exceed six hundred and forty acres by any one person; provided, Spanish grants. also, that nothing herein contained shall prejudice the ownership or possession of any lands at the time of said survey and location held or claimed under grants from the Mexican or Spanish governments; and provided, moreover, that, at the time of making such location, the first settler, or owner of any improvements situated on the tract proposed to be located, shall in all cases have the preference. Proviso as to Proviso. Errors in locating under this act may be remedied. Proviso. Duties of the controller. The interest 3977. SEC. 7. In the event that any location of lands be made under and by the provisions of this act, upon lands supposed to belong to the United States, which should prove to be land not the property of the United States, then and in that case the party owning such land warrant or warrants, may float the same upon any other public lands in the State of California; provided, the float and the reasons therefor be made a matter of record at the time in the office where the original location was recorded. 3978. SEO. 8. The controller shall keep an accurate account of the quantity of land thus disposed of in accordance with the provisions of the foregoing sections, and the amounts received by the treasurer, charging the several sums thus received to the treasurer, which sum or sums shall be set aside for a general fund to meet the liabilities of the State. 3979. SEC. 9. The interest upon the sum thus realized by the sale of the five hunappropriated for dred thousand acres of land granted to this State by act of congress, shall be and the same is hereby set apart as a permanent fuud for the support of schools in accordance with the constitution of the State of California. the support of schools. Surveys to be Burveyors. 3980. SEC. 10. Lands located under the provisions of this act, shall be surveyed by made by county the county surveyor in each county where the location is made, who shall give a certificate setting forth the bounds and the number of acres contained in such survey, and shall receive for his services such fees as are now or may hereafter be provided by law. Record of certifi 3981. SEC. 11. The clerk of the county court shall make a record of all certificates cate of location. of land located under the provisions of this act, which may have been run off by the proper officer, and shall be entitled to receive from the owuer of such location throe dollars for such service Duties of county surveyors, and of same. 3982. SEC. 12. The county surveyor of the respective counties of this State at the fines for neglect end of every three months from the taking effect of this act, shall make out and forward to the office of the surveyor general of the State, without fee for the same, a duplicate copy of each plat or survey and certificate of the location of any land warrant made under the provisions of this act, in their respective counties, and for failure so to do shall be liable to a fine of not less than five hundred or more than five thousand dollars, recoverable before any court of competent jurisdiction on the complaint of any person or persons in interest. credited routed to the seven per cent. per annum. 3983. SEC. 13. The interest to be credited to the school fund on all moneys received Interest to be into the State treasury under the provisions of this act, shall be calculated at the rate of seven per centum per annum, until the legislature shall otherwise direct. 3984. SEC. 14. So soon as the lands which may be located under and by virtue of the provisions of this act, shall have been surveyed by the United States, and such locations are made to conform thereto, the governor of this State shall cause patents to be issued in such manner and form as the legislature may hereafter direct. The governor to issue patents. 3985. SEC. 15. No person shall be permitted to purchase, under this act, warrants No person shall purchase more for more than six hundred and forty acres, and shall before purchasing one of said than 640 acres. warrants deposit with the controller an affidavit setting forth that he wants said lands for the purpose of making a permanent settlement thereon. 3986. SEC. 16. It shall not be lawful to locate any of said warrants upon the land Unlawful to lowithin the limits of any town now surveyed or laid off. cate warrants on any lands within SEC. 17. This act to take effect and be in force from and after the first day of June, town limits. one thousand eight hundred and fifty-two. 3987. An Act to provide for the selection of lands donated by the United States to the State of California for the support of common schools, and for the erection of public buildings. Approved May 7, 1855, 281. [This act was repealed by the act of April 23, 1858, 248, given, post, 3996, and also by the act of April 26, 1858, 318, given, post, 4012. It is, however, here given on account of its connection with vested rights and other legislation on the subject.] SECTION 1. It shall be the duty of the surveyor general of this State, and he is here- Duty of surveyor by authorized and required: general in relation to selection First. To select, in lots not less than three hundred and twenty acres in one body, of lands. from such lands as have been granted to this State by an act of congress, approved April 4, 1841, entitled "An Act to appropriate the proceeds of the sales of the public lands and to grant pre-emption rights," and applied by the constitution of this State, article 9, section 2, to the support of common schools, and not heretofore selected and located. And such selections shall be made as soon as practicable, after the lands have been surveyed by the United States surveyor general (or sooner, if allowed by the laws of the United States). Second. To select, in legal subdivisions of not less than a quarter section of any of the unsold, unoccupied and unappropriated public lands in the State, the quantity of ten entire sections, granted to the State of California for the purpose of erecting public buildings, by an act of congress, approved March third, one thousand eight hundred and fifty-three. Third. That when any settlement by the erection of a dwelling-house or the cultivation of any portion of land, shall be made upon the sixteenth or thirty-sixth sections in each township, granted to the State of California for the purpose of common schools, by an act of Congress, approved March 3d, 1853, or when said sections, or either of them, shall happen to come on lands owned by virtue of a valid Spanish grant, then and in that case said agents shall select other public lands in the same quantity: and if they cannot be found unoccupied in the same township, then an equal quantity of unoccupied government land may be selected in any adjoining township. The selection in the fractional townships shall be made pursuant to an act of congress, approved on the 20th of May, 1836, entitled "An Act to appropriate lands for the support of schools in certain townships, and fractional townships, not before provided for," and which shall be subject to approval by the secretary of the interior, to wit: for each township or fractional township containing a greater quantity of land than three-quarters of an entire township, two sections; for a fractional township containing a greater quantity of land than one-half and no more than three-quarters of a township, one section and a half; for a fractional township containing a greater quantity of land than one-quarter and not more than one-half of a township, one section; and for a fractional township, containing a greater quantity of land than one entire section and not more than one-quarter of a township, one-half section of land, 3988. SEC. 2. The county surveyor in each and every county within which public Duty of county lands are situated, shall, when called upon, aid or assist the surveyor general in select- surveyor. ing the lands described in this act, and shall receive for their services not exceeding ten dollars per diem, for the time actually employed by him in making such selections, and his account for such services shall be verified by an oath, and shall be paid out of the county treasury in the same manner as other county officers are paid. 3989. SEC. 3. Upon the passage of this act, the surveyor-general of the State shall, of surveys. Certified copies from time to time, procure of the United States surveyor general certified copies of the surveys mentioned in this act, to be used as a guide in the selection of lands to which the State of California is entitled. All necessary expenses incurred in procuring copies of said surveys from the United States surveyor general, for the purposes mentioned in this act, shall be audited and paid by the controller out of the general fund. Report of surveyor general. Contents of report. Owners of school land warrants, 3990. SEC. 4. The surveyor general of this State shall make a monthly report to the governor of the State, of the selections he has made, accompanied by plats of the lands; which report shall state the quantity, quality, locality and estimated value of the lands, together with any other information he may consider necessary, after which the governor shall notify the United States register of the proper land office, of the selections thus made, and furnish him with a plat or plats of the sanie. 3991. SEC. 5. The surveyor general shall embrace in his annual report a full statement of the quantity, quality, location and estimated value of the lands selected, together with plats of the same. An Act authorizing the location and protecting of school lands. Approved April 30, 1857, 856. 3992. SECTION 1. In all cases in which the lands of the United States have been when to locate duly surveyed by the general government, and the plat thereof shall have been on file the same. 16 Cal. 817. Patents, when issued. How signed and countersigned. Form of patent. Construction of patents. thirty days, in the land office of the proper district, it shall be lawful for the owner or owners of school land warrants, issued under the provisions of the act of this State, passed May 3d, 1852, in relation to the disposal of the five hundred thousand acres granted by the act of congress of 4th September, 1841, to locate the same according to the legal subdivisions of the public lands, by filing a written application by such owner or owners, specifically describing the particular tract so located, with the register of the United States land office for the proper district, accompanied by an affidavit of the party or parties applicant, and of one or more witnesses, that there is no valid claim existing upon the land so desired, adverse to the claim of the person making such application for location. 3993. SEC. 2. Whenever the general government shall certify over to this State the lands mentioned in the preceding section, or any portion thereof, the governor of this State shall, upon application of the person or persons making such location as aforesaid, or their legal representatives, and upon the presentation of a register's certificate by such applicant, or such other evidence as he shall deem sufficient, be satisfied that any location by virtue of any such warrant, shall have been, or may hereafter be so made, as at the time of the application to him for a patent therefor, to conform to the legal subdivisions of the public surveys, as represented in the duly certified plats thereof, and in other respects be in conformity to the laws in reference to such location, cause a patent to issue in favor of the person entitled to receive the same, for the land so located by virtue of such warrants. 3994. SEC. 3. Such patent shall be signed by the governor, and countersigned by the secretary of State, and shall have affixed thereto the great seal of the State, and shall be in substance as follows: "Know all men by these presents: Whereas, A. B. is the holder of school land warrant, number -issued under, and by virtue of the act of the State of California, passed on the third day of May, one thousand eight hundred and fifty-two, entitled an act to provide for the disposal of the five hundred thousand acres of land granted this State, by act of congress; and whereas, the said A. B. hath located the said warrant or warrants (as the case may be), upon the following described lands, and accepts the same in full satisfaction for said warrant, to wit: (here insert the description of land as contained in register's certificate). Now therefore, I, C. D., governor of the State of California, by virtue of authority in me vested, have given, granted, bargained, and sold, and do by these presents give, grant, bargain, and sell, unto the said A. B., all the above-described lands, to have and to hold, unto him, the said A. B., his heirs and assigns, forever, to and for his and their sole use, benefit and behoof, and for none other." 3995. SEO. 4. All patents issued under, and by virtue of the provisions of this act, shall be construed to convey to the patentee the title in fee simple, in and to the lands so patented, and nothing in this act contained, shall be construed to invalidate, or injure in any manner, any rights that parties may have acquired by the purchase and location of any school land warrant, pursuant to an act entitled "An Act to provide for the disposal of the five hundred thousand acres of land, granted this State, by act of congress, passed May third, eighteen hundred and fifty-two." An Act to provide for the location and sale of the unsold portion of the five hundred thousand acres of land donated to this State for school purposes, and the seventy-two sections donated to this State for the use of a seminary of learning. Approved April 23, 1858, 248. 3996. SECTION 1. The unsold portion of the five hundred thousand acres of land School lands. donated to this State for school purposes, and the seventy-two sections of land donated 11 Cal. 58. to this State for the use of a seminary of learning, shall be located and disposed of as hereinafter provided. 3997. SEC. 2. The governor of the State of California is hereby anthorized to appoint Locating agents. and commission one suitable and competent person, for each of the United States land districts of this State, whose duty it shall be to locate the land named in the first section of this act, in the manner and for the purposes hereinafter prescribed; the said persons to be called locating agents of the State, to be commissioned by the governor; and they shall, before entering on the discharge of their duty, take and subscribe an oath, and also give bonds in the sum of five thousand dollars, for the faithful discharge of their duties as prescribed in this act. locate. 3998. SEC. 3. The agents so appointed, as aforesaid, shall, as soon as practicable, Agents shall proceed to obtain the consent of such of the settlers on the public lands of the United 14 Cal. 380. States as may choose to avail themselves of the benefits of this act, and also the request of persons other than settlers on the public lands that wish to purchase lands under the provisions of this act, which said consent, or request, as the case may be, shall be accompanied with the affidavits of the person wishing to purchase said land, and two disinterested persons, subscribed and sworn to before a justice of the peace or notary public, that there is no valid claim existing upon the land so desired, adverse to the claim of the person making such application for location; and whenever such consent, or request shall have been so obtained, under such forms as the governor may prescribe, the said agent shall apply to the register and receiver of their respective land offices to permit said location to be made, in the name of the State of California, as a part of the land described in section first of this act, and if so permitted, said agent shall make such location, in conformity to the laws and regulations of the United States. 3999. SEO. 4. The agent shall not locate more than three hundred and twenty acres, Limitation of either directly or indirectly, for any one person. amount of land. United States purchase. 4000. SEC. 5. Whenever such settler, or person, shall give his consent, or make his Approval by request, as the case may be, to the agent, to have his land located under this act, said agent shall accept such offer under the following conditions: that if said location be made and approved by the United States, it shall be for the use and benefit of such applicant, on his complying with all the conditions and provisions of this act. 4001. SEC. 6. The said person, whose location has been thus made, shall have the Certificate of right to receive a certificate of purchase for the same, by paying one dollar and twenty- 22 Cal. 279. five cents per acre, and interest, at the rate of ten per cent. per annum, from the date Price per acre. of the location in the United States land office; or, if said purchaser prefer, he may pay twenty per cent. of the purchase-money, and one year's interest on the balance, in Interest. advance, and the register of the State land office shall deliver to him a certificate of purchase; provided, that the legislature may, by law, require the payment of the Proviso. balance due at any time after one year from the date of approval by the general government; and provided, further, that if the purchaser fail to pay the interest, as pre- Proviso. scribed in this act, or to pay the balance due when thereunto required by any law of this State, said purchaser shall forfeit to the school fund all money paid thereon, either as principal or interest, together with all right, title, claim, or interest to said lands, and any other person may purchase the same on the same conditions as imposed by this act upon the original purchaser. 4002. SEC. 7. The locating agent shall prepare and keep a complete register of all Registry of lands. lands located under the provisions of this act, containing a description of the same by sections, and parts of sections, township, and range, appended to the names of purchasers, in alphabetical order, and the county in which said lands are situated, and certify a copy thereof to the register of the State land office. 4003. SEC. 8, The said agents shall, in like manner, in the name of the State, for Locations for use the use of the particular township requiring such location to be made, locate lands in of townships. lieu of any sixteenth or thirty-sixth sections, or parts of sections, appropriated by law of congress to other uses, or which may be unfit for cultivation, according to the laws of the United States, whenever thereunto requested by the person authorized by the board of supervisors of any county in this State, to select land in lieu of those other |