Page:United States Statutes at Large Volume 14.djvu/249

THIRTY-NINTH CONGRESS. Sess. I. Ch. 219. 1866. 219 ceive under this act a greater quantity of land for school or improvement than she isoapurposes than she is entitled to by law. ***1** ‘°· Sec. 2. And be itfwmher enacted, That where the selections named in Where selecsection one of this act have been made upon land which has been sur- fl°‘:,° ";_:P°“d veyed by authority of the United States, it shall be the duty of the proper b°;1,,l,€h0,;:;°,,g authorities of the State, where the saine has not already been done, to no- the U¤i¤¤d_ tify the register of the United States land office for the district in which §‘Q§;:,:§:,t°' the land is located of such selection, which notice shall be regarded as the Noucsmbsghe date of the State selection, and the commissioner df the general land office dm of SW6 shall, immediately after the passage of this act, instruct the several local ”°‘§‘f,°Q,'f,'f;,,,,°,,,,, registers to forward to the general land ofliee, after investigation and de- of general land cision, all such selections, which, if found to be in accordance with section °m°°*°d° "h°·*· one of this act, the commissioner shall certify over to the State in the usual manner. Sec. 3. And be it further enacted, That where the selections named in _ Where asleesection one of this act have been made from lands which have not been surveyed by authority of the United States, but which selections have onlvby Stale been surveyed by authority of and under the laws of said State, and the ;*¤€h°"*Y, Md land sold to purchasers in good faith under the laws of the State, such se- Q;?$,§,:°ssgd’ lections shall, from the date of the passage of this act, when marked off have same subst and designated in the field, have the same force and effect as the pre-emp- :;!°‘;`g‘;";,P,’L tion rights of a settler upon unsurveyed public land; and it, upon survey iii,,,,,,,,,.,?,,,;,, of such lands by the United States, the lines of the two surveys shall be ¢b¤Upi¢¤d SUM found not to agree, the selection shall he so changed as to include those l;’:.',°;£°g: legal subdivisions which nearest conform to the identical land included not agree, selecin the State survey and selection. Upon the filing with the register of *2** °° 3** the proper United States land office of the township plat in which any ° $2,%; {mug such selection of unsurveyed land is located, the holder of the State title township plat, shall be allowed the same time to present and prove up his purchase and g‘3g‘$,g€v$“ claim under this act as is allowed pre-emptors under existing laws; and what 4,;,,,,, fo if found in accordance with section one of this act, the land embraced D¤‘¤S¤¤¤. &¢=- his therein shall be certified over to the State by the commissioner of the °m“" general land office. Sec. 4. And be it further enacted, That in all cases where township where townsurveys have been, or shall hereafter be, made under authority of the ;l;§‘°“,‘;;;Y;]m° United States, and the plats thereof approved, it shall be the duty of the and plats apcommissioner of the general land office to certify over to the State of P¤’°V¤d·¤W¤¤£ California, as swamp and overflowed, all the lands represented as such, r:$:lg'£:;m_ upon such approved plats, within one year from the passage of this act, lied to State or within one year from the return and approval of such township plats. ‘"'·h"’ °”° Y°°"· The commissioner shall direct the United States surveyor-general for the Ssgwgativu State of California to examine the segregation maps and surveys of the ::‘,f’,;p&;‘;d‘fv8r_ swamp and overllowed lands made by said State; and where he shall nowed lands End them to conform to the system of surveys adopted by the United ;¤*£:*’Y S"?*:»d States, he shall construct and approve township plats accordingly, and 8;, ummm ' forward to the general land office for approval : Provided, That in segre- lf found to gating large bodies of land, notoriously and obviously swamp and over- ¥§€‘;f,‘“S°,‘;,eS ilowed, it shall not be necessary to subdivide the same, but to run the gupvgyg, exterior lines of such body of land. In case such State surveys are found If f°¤¤d 110* W not to be in accordance with the system of United States surveys, and in °°°f°rm' such other townships as no survey has been made by the United States, the commissioner shall direct the surveyor-general to make segregation surveys, upon application to said surveyor-general by the governor of said State, within one year of such application, of all the swamp and overflowed land in such townships, and to report the same to the general land ollice, representing and describing what land was swamp and overtlowed under the grant, according to the best evidence he can obtain. If the W SW6 °l¤i¤¤¤ authorities of said State shall claim as swamp and overilcwed any land f,:,;,:":$;’,fl;f°m not represented as such upon the map or in the returns of the survey- representcdin