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SECTION 3417. Limitations.

3418. Duty of County Surveyor upon application for survey.
3419. Same.

3420. Upon refusal of County Surveyor to make survey,

Surveyor General may appoint.

3421. Surveys to be made in accordance with the instructions

of Surveyor General.

3422. County Treasurer to report to Register.

3423. Duty of Register on receipt of report.

3424. Quarterly reports of the County Treasurers.

3425. Treasurers to pay over moneys received for lands.
Exception.

3426. County Treasurers to retain moneys received for
swamp lands.

3427. Interest, how computed and when payable.

3428. Compensation of County Treasurer and Auditor.

3429. Surveyor General and Register to issue instructions
and prepare printed forms.

certain and

accounts

SEC. 3395. The Register of the State Land Office must Register to keep keep separate accounts and records in relation to each class of lands to which the State is entitled, which must show:

1. The number of the survey or location, and the date of the approval;

2. The name of the locator, the description of the lands by legal subdivisions, the price per acre at which they are sold, the amount paid, the date of payment, the number and date of the certificate of purchase;

3. The date of the patent, when it has been issued.

SEC. 3396. He must also keep plats of such lands, upon which all approved locations and surveys must be designated by their numbers.

records.

Must keep plats, and note

locations thereon.

SEC. 3397. When certificates of purchase or patents Must noto are issued, the fact must be noted on the plats.

Stats. 1868, p. 507.

SEC. 3398. The Surveyor General is the general agent of the State for the location in the United States Land

Offices of the unsold portion of the five hundred thousand acres of land granted to the State for school purposes, and the sixteenth and thirty-sixth sections granted for the use of public schools, and lands in lieu thereof.

on plats the issuing of certificates or patents.

Surveyor

General to be State Locating

Agent.

Agent at Washington.

Qualification and residence

of Agent.

Duties of
Agent.

Compensation.

Mode of payment of Agent.

Purchasers

of lands must pay expenses of agency.

Surveyor
General

to keep
certain

records.

SEC. 3399. The State must be represented before the United States Land Department at Washington by an agent appointed by the Surveyor General.

Stats. 1870, p. 572.

SEC. 3400. The agent must be a citizen of this State, and an attorney at law, and must establish and keep an office in Washington.

SEC. 3401. He must:

1. Procure from the United States Land Offices in this State abstracts of all lands applied for by the State, and cause the same to be listed to the State;

2. Act as attorney for the State before the Land Department at Washington;

3. Perform such other duties relative to the public lands and the interest of the State therein as may be required of him by the Register or Surveyor General.

SEC. 3402. He receives from the State, as compensation for his services, two and one half cents per acre for all lands procured by him to be listed to it.

SEC. 3403. On the first Monday of each month the Surveyor General must certify to the Board of Examiners the number of acres for which United States lists have been filed in his office during the month next preceding, together with a statement of the amount due the agent upon the lands so listed, and if found to be correct, the Board must approve the account and certify it to the Controller of State, who must draw his warrant in favor of the agent for the amount thereof, and the State Treasurer must pay the same out of the General Fund.

SEC. 3404. Each purchaser of land from the State, upon receiving a patent for land, must pay to the Register two and one half cents per acre therefor, which must be paid into the General Fund of the State.

SEC. 3405. The Surveyor General must provide the necessary record book, and cause all lists or patents for lands from the United States to be recorded therein.

SEC. 3406.

Surveyor

General on

application

purchase of

The Surveyor General must, whenever Duty of application is made to him for any portion of the lands mentioned in section four, communicate with the United for States Land Office, and ask that the lands described in lands. the application be accepted in part satisfaction of the grant under which it is sought to be located.

SEC. 3407. When the acceptance of the Register of Same, the United States Land Office is obtained, he must give to the party applying a copy of his approval, which copy when presented to him authorizes the County Treasurer of any county to receive payment thereon.

any

When

tow. ships surveyed, but not subdivided,

certificate

of purchase may issue

SEC. 3408. Where townships have not been subdivided, but township and other lines have been established are so as to show that a tract of land is included in thirty-sixth section, and the party applying for the same makes affidavit that there is no claim to the same other than his own, and that it is not occupied by any settler, the Surveyor General may approve such location without the acceptance of the Register of the United States Land Office, and the Register of the State Land Office may

But no patent is

issue a certificate of purchase therefor.
issued therefor until the location is approved by the
United States, nor is the State responsible in damages if
the land is not subject to location.

without

approval of States.

United

General

statement

as to

SEC. 3409. The Surveyor General must, after the sur- Surveyor vey of any township by the United States Surveyor to obtain General, obtain from the United States Land Office a statement, showing whether or not the sixteenth and of school thirty-sixth sections therein belong to the State.

SEC. 3410. The Registers and Receivers of the United States Land Offices must present their accounts for services rendered the State to the Surveyor General, who, if he finds the same correct, according to fees allowed Registers and Receivers by Act of Congress, or by the Department of the Interior, must certify the same to the State Board of Examiners, who must audit and allow

condition

sections.

[blocks in formation]

Surveyor General to represent State in contests

relating to lands.

Place of taking testimony to be fixed.

May require Attorney General to attend.

such accounts, and they must be paid out of the General Fund.

Stats. 1870, p. 14.

SEC. 3411. The Surveyor General must represent the State in all contests between it and the United States in relation to public lands.

SEC. 3412. When he desires to take testimony under the provisions of the Act of Congress to quiet land titles in California, passed July, eighteen hundred and sixtysix, he must request the United States Surveyor General to fix a place convenient of access by the witnesses, and the time for taking such testimony.

SEC. 3413. He may require the Attorney General to attend and represent the State at the taking of such testimony, and the traveling expenses of each are a Travelling charge against the State. All claims for traveling expenses must be audited and allowed by the Board of Examiners, and paid out of the General Fund. But not more than fifteen hundred dollars must be allowed in any one year for such expenses.

expenses.

Contest as to approval etc., how

of surveys,

disposed of.

SEC. 3414. When a contest arises concerning the approval of a survey or location before the Surveyor General, or concerning a certificate of purchase or other evidence of title before the Register, the officer before whom the contest is made may, when the question involved is as to the survey, or one purely of fact, or whether the land applied for is a part of the swamp or overflowed lands of the State, or whether it is included within a confirmed grant, the lines of which have been run by authority of law, proceed to hear and determine the same; but when, in the judgment of the officer, a question of law is involved, or when either party demands a trial in the Courts of the State, he must make an order referring the contest to the District Court of the county in which the land is situated, and must enter such_order in a record book in his office.

SEC. 3415.

After such order is made either party may bring an action in the District Court of the county in which the land in question is situated to determine the conflict, and the profert of a certified copy of the entry, made by either the Surveyor General or the Register, gives the Court full and complete jurisdiction to hear and determine the action.

Contest as to approval of surveys,

etc., how

disposed of.

judgment.

SEC. 3416. Upon filing with the Surveyor General or Effect of Register, as the case may be, a copy of the final judgment of the Court, that officer must approve the survey or location, or issue the certificate of purchase or other evidence of title in accordance with such judgment.

tions.

SEC. 3417. Unless the party contestant commences his Limitaaction within sixty days after the order of reference is made his rights in the premises and under his application

cease.

SEC. 3418. Each County Surveyor, upon receiving an application for any survey required by any of the provisions of this Title, must indorse the date of the receipt thereon, and note the same in a book kept in his office in the regular order in which it is received, giving the name and address of the applicant, and the description of the land by legal subdivisions.

Duty of Surveyor upon application for

County

survey.

SEC. 3419. He must within thirty days after receiving Same. such application, if the lands are subject to sale, complete the survey, plat, and field notes, and record them in a book kept in his office, and forward duplicate copies. thereof, together with a copy of the application, to the Surveyor General for approval, who must examine, and if found correct, return the same with his approval. The County Surveyor must upon the receipt of an approved survey record the approval; he must mark all approved surveys upon the maps of his office; and all his books and maps are open to public inspection.

SEC. 3420. If any County Surveyor refuses or neglects to make any survey within the time prescribed by law, the Surveyor General may within thirty days after the

Upon
refusal of
County
Surveyor

to make
General

survey, Surveyor

ma

appoint.

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