220 THIRTY-NINTH CONGRESS. Sess. I. Ch. 219. 1866. map, character ons, the character of such land at the date of the grant, September gg ;';‘;rl;’,:°:,° twenty-eight, eighteen hundred and ilfty, 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. Lists oflands Sec. 5. And be it further enacted, That it shall be the duty of the
°f commissioner of the general land oflioe to instruct the officers of the
kmdgclaimqd by local land offices and the surveyor-general, immediately after the passage E)'·¤*°» *;>a,b,* ¤f,¤'* of this act, to forward lists of all selections made by the State referred to ,,,,,g,,°;'j° °" in section one of this act, and lists and maps of all swamp and overllowed lands claimed by said State, or surveyed as provided in this act, for Hnal disposition and determination, which final disposition shall be made by the commissioner of the general land office without delay. ,eg¤,%I*};;g'0i°· Sec. 6. And be it farther enacted, That' an act entitled “An act to ,,,,,,,,,,,,,8 h,,,,,,, provide for the survey of the public lands in California, the granting of in lieu of certain pre-emption rights therein, and for other purposes," approved March
third, one thousand eight hundred and fifty-three, shall be construed as
{reps, ch, gt? giviingthp Stage of {Jaliforma she rag}; to seletitz for school purposes otpeg 0 · X- P- - an s in ieu 0 suc sixteent an t 1rty-sixt sections as were sett e upon prior to survey, reserved for public uses, covered by grants made under Spanish or Mexican authority, or by other private claims, or where such sections would be so covered if the 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 grants shall have been suwcyop Bn_ made. The surveyor-general for the State of California shall furnish the 6,,,,, ,0 ,-,,,,,,5, State authorities with lists of all such sections so covered, as a basis of se- Svtgautlelpptghoritiu lectiorg, sgctp selection; to be mspde fiiotnh sgrveyaed lands, ang within the same an istrtct as the section or w nc the se ection is ma e. Purchascm of Sec. 7. And be it further enacted, That where persons in good faith, h,,,,,, 0, M,,,,,c,,,, and for a valuable consideration, have purchased lands of Mexican grantgrantees, the ees or assigns, which grants have subsequently been rejected, or where §;‘,;‘:;° b°'"§' the lands so purchased have been excluded from the final survey of any quent y re- . . . , ,:,,,6d,,m&°,bmay Msexgcagfgpgptgagg pav: usep, 1mpro;ed,land cofntspued in the lactualhpos- _y_¤ ¤ _ si n s ccor mg o ie mes o eir origma urc asc, Qfmum P"°°’ 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 existing laws, at the minimum price established by law, upon first making proof of the facts as required in this section, under regulations to be provided by the commissioner of the general land office, joint entries being admissible by coterminous proprietors to such an extent as will enable them to adjust their respective boundaries: Provided, That the provisions of this section shall not be applicable to the city and _Limitot' such county of San Francisco: Provided, That the right to purchase herein z?;;? Pu" given shall not extend to lands containing mines of gold, silver, copper, or L,,,,,,, ,,r pub- cmnabar: Provtded, That whenever it shall be made to appear by peti- 1i¤s¤rv¢y¤wh¢¤ tion from the occupants of such land that injury to permanent improvel',$°,Y,,:°g’,,u,,",,,_,,,,,_ ments would result from running the lines of the public surveys through nent tgmprove- such permanent improviments, the commissioner of the general land office m°¤ · may recognize existing ines of subdivisions. mgmt; Sec. 8.,And be it,further enacted, That in all cases where a claim to from s,,,,,,,,,,, land by virtue of a. right or title derived from the Spanish or Mexican &c. authorities, authorities has been finally confirmed, and a survey and plat thereof shall g::;g°::,,°';“‘ not have been requested within ten months from the passage of this act, s,,,,,.,,,2,,,,_, ,,1,,, as provided by sections six and seven of the act of July first, eighteen not requested hundred and sixty-four, “To expedite the settlement of titles to lands in
- _,°;‘;,';
- °§‘m_ the State of California," and in all cases where a like claim shall hereafter
mm gfigurveyg be finally confirmed, and a survey and plat thereof' shall not he requested,
- ¤l>¤¤¤¤¤¤<l°d as provided by said sections within ten mouths after the passage of this
