donations to settlers of the said public lands," are so required to be made, as to render 3 March 1853. it expedient to make compensation for the surveying thereof by the day, instead of by the mile, it shall be lawful for the commissioner of the general land office, under the direction of the secretary of the interior, to make such fair and reasonable allowance as, in his judgment, shall be necessary to insure the accurate and faithful execution of the work. Ibid. 10. veyors. 32. Except where the president of the United States shall see cause otherwise to determine, each officer to be appointed in virtue of this act, and also every other like Terms of office. officer of the United States, may continue in the uninterrupted discharge of his regular official duties, and is hereby authorized accordingly so to act, after the day of expiration of his official commission, and until a new commission shall be issued to him for the same office, or otherwise, until the day when a successor shall enter upon the duties of such office; and the existing official bond of any such officer so acting shall be deemed and Bonds. held to be good and sufficient, and in force until the date of the approval of a new bond to be given by him, if recommissioned, or otherwise, for the additional time wherein he may so continue officially to act, pursuant to authority hereof. And the provisions as to Of deputy surbonds to be given by deputy surveyors for the faithful execution of their duties, in a penalty of double the estimated amount of money accruing to them under their surveying contracts, as required by the act of March 3d 1831, (a) entitled "An act to create the office of surveyor-general of the public lands for the state of Louisiana," referred to in the third section of this act, shall be and the same is hereby made applicable to the public surveys in the state of California; and the sufficiency of the sureties to all such Sureties to be ap bonds shall be approved and certified by the proper surveyor-general; and the same pro- veyor-general. proved by survision is hereby extended to all other branches of the public surveying service elsewhere; and all such bonds heretofore required of deputy surveyors, according to usage in the surveying service, shall be deemed and held to be of the same validity as if the same had been required by law. And it is hereby made the duty of each of the respective Surveyor-general surveyors-general of the public lands of the United States, so far as is compatible with to inspect fiel the desk duties of his office, occasionally to inspect the surveying operations while in progress in the field, sufficiently to satisfy himself, from actual inspection, of the fidelity of the execution of the work according to contract; and the actual and necessary expenses incurred by him while so engaged shall be allowed; and where it is incompatible with or appoint an his other duties for a surveyor-general to devote the time necessary to make a personal purpose. inspection of the work in progress, then he shall be and hereby is authorized to depute a confidential agent to make such examination; and the actual and necessary expenses operations. agent for that of such person shall be allowed and paid for that service, and five dollars per day during Compensation. the examination in the field: Provided, That such examination shall not be protracted beyond thirty days, and in no case longer than is actually necessary; and when a surveyor-general, or any person employed in his office at a regular salary, shall be engaged in such special service, he or they shall only receive his necessary expenses in addition to his regular salary. 10 Stat. 208. 33. That the provisions of the act of the 4th of September 1841, (b) granting pre- 1 March 1854 2 L. emption rights to settlers on the public lands, as modified and made applicable to the state of California by the act of the 3d of March 1853, (c) shall be further modified by Time for making extending the provisions of the third proviso in the sixth section of the aforesaid act of settlements exthe 3d of March 1853, to settlements made prior to and within two years after the pass- years. age of this act. V. LAND CLAIMS. (d) tended for two 9 Stat. 631. 34. For the purpose of ascertaining and settling private land claims in the state of 3 March 1851 § 1. California, a commission shall be, and is hereby, constituted which shall consist of three commissioners, to be appointed by the president of the United States, by and with the Commissioners to be appointed. advice and consent of the senate, which commission shall continue for three years from the date of this act, (e) unless sooner discontinued by the president of the United States. 35. A secretary, skilled in the Spanish and English languages, shall be appointed by the said commissioners, whose duty it shall be to act as interpreter, and to keep a record Secretary. of the proceedings of the board in a bound book, to be filed in the office of the secretary of the interior on the termination of the commission. (2) 4 Stat. 492. (d) In reference to land titles in California, see Fremont v. United States, 17 How. 542. United States v. Ritchie, Ibid. 525. United States v. Reading, 18 Ibid. 1. United States v. Cervantes, Am. L. R. 745. s. c., 18 How. 553. Arguello v. United States, Ibid. 39. United States v. Vaca, Ibid. 556. United States v. Larkin, Ibid 557. Leese v. Clarke, 3 Cal. 17. Vanderslice v. Hanks, Ibil. 27. Cohas v. Raisin, Ibid. 443. Santillan v. Moses, Ibid. 2. 1 Ibid. 92. Tunal v. Hepburn, Ibid. 254. Woodworth v. Fulton, Ibid. 295. Reynolds v. West, Ibid. 322. Brown v. O'Connor, Ibid. 419. See also Preface to second edition of 1 California Reports. (e) Continued in force for one year from 3 March 185-4. by act 18 January 1854, 1, 10 Stat. 265, for the purpose of enabling the board of commissioners to determine the claims presented to them. And see act 23 February 1854, 10 Stat. 268, as to the claims of Henry C. Boggs and others. See also, net 10 January 1855, (infra, 55), continuing these provisions n force for one year from 3 March 1855. 3 March 1851 23. Ibid. 24. Law agent. His duties. 36. Such clerks, not to exceed five (a) in number, as may be necessary, shall be appointed by the said commissioners. 37. It shall be lawful for the president of the United States to appoint an agent learned in the law, and skilled in the Spanish and English languages, whose special duty it shall be to superintend the interests of the United States in the premises, to continue him in such agency as long as the public interest may, in the judgment of the president, require his continuance, and to allow him such compensation as the president shall deem reasonable. It shall be the duty of the said agent to attend the meetings of the board, to collect testimony in behalf of the United States, and to attend on all occasions when the claimant, in any case before the board, shall take depositions; and no deposition taken by or in behalf of any such claimant shall be read in evidence in any case, whether Notice of taking before the commissioners, or before the district or supreme court of the United States, unless notice of the time and place of taking the same shall have been given in writing to said agent, or to the district attorney of the proper district, so long before the time of taking the deposition as to enable him to be present at the time and place of taking the same, and like notice shall be given of the time and place of taking any deposition on the part of the United States. depositions. Ibid. 25. 38. The said commissioners shall hold their sessions at such times and places as the Sessions, when president of the United States shall direct, of which they shall give due and public and where held. notice; and the marshal of the district in which the board is sitting shall appoint a Deputy marshal. deputy, whose duty it shall be to attend upon the said board, and who shall receive the same compensation as is allowed to the marshal for his attendance upon the district Ibid. 6. court. 39. The said commissioners, when sitting as a board, and each commissioner at his Power to admi- chambers, shall be, and are, and is hereby, authorized to administer oaths, and to nister oaths, &c. examine witnesses in any case pending before the commissioners; that all such testimony Testimony to be shall be taken in writing, and shall be recorded and preserved in bound books to be provided for that purpose. recorded. Ibid. 7. 40. The secretary of the board shall be, and he is hereby, authorized and required, on Secretary to issue the application of the law agent or district attorney of the United States, or of any claimant or his counsel, to issue writs of subpoena commanding the attendance of a witness or witnesses before the said board or any commissioner. subpoenas. sented. Ibid. 28. 41. Each and every person claiming lands in California by virtue of any right or title(b) Claims to be pre- derived from the Spanish or Mexican government, shall present the same to the said commissioners when sitting as a board, together with such documentary evidence and testimony of witnesses as the said claimant relies upon in support of such claim; and it Hearing and de- shall be the duty of the commissioners, when the case is ready for hearing, to proceed promptly to examine the same upon such evidence, and upon the evidence produced in behalf of the United States, and to decide upon the validity of the said claim, and, within To be certified to thirty days after such decision is rendered, to certify the same, with the reasons on which torney. it is founded, to the district attorney of the United States in and for the district in which such decision shall be rendered. (c) cision. the district at district court. of review. Ibid. 29. 42. In all cases of the rejection or confirmation of any claim by the board of Appeals to the commissioners, it shall and may be lawful for the claimant or the district attorney, in behalf of the United States, to present a petition to the district court of the district in which the land claimed is situated, (d) praying the said court to review the decision of the said commissioners, and to decide on the validity of such claim; and such petition, Form of petition if presented by the claimant, shall set forth fully the nature of the claim and the names of the original and present claimants, and shall contain a deraignment of the claimant's title, together with a transcript of the report of the board of commissioners, and of the documentary evidence and testimony of the witnesses on which it was founded; (e) and such petition, if presented by the district attorney in behalf of the United States, shall be accompanied by a transcript of the report of the board of commissioners, and of the papers and evidence on which it was founded, and shall fully and distinctly set forth the grounds on which the said claim is alleged to be invalid; a copy of which petition, if the same shall be presented by a claimant, shall be served on the district attorney of the United States, and, if presented in behalf of the United States, shall be served on the claimant or his attorney; and the party upon whom such service shall be made shall be bound to answer the same within a time to be prescribed by the judge of the district court; and the answer of the claimant to such petition shall set forth fully the nature of the claim, and the names of the original and present claimants, and shall contain a deraignment of the claimant's title; and the answer of the district attorney in behalf of the United States Answer. (a) Number limited to three, by act 31 August 1852; infra, 52. (b) This embraces not only inchoate or equitable titles, but legal titles also; and requires them all to undergo examination, and to be passed upon by the court. Fremont v. United States, 17 How. 553. (c) Altered by act 31 August 1852: infra, 53. (d) In order to found the jurisdiction, the record must show that the land is within the district. Cervantes v. United States 16 How. 619. (e) But see infra, 53. shall fully and distinctly set forth the grounds on which the said claim is alleged to be 3 March 1851. invalid, copies of which answers shall be served upon the adverse party thirty days before the meeting of the court, and thereupon, at the first term of the court thereafter, the said case shall stand for trial, unless, on cause shown, the same shall be continued by the court. Judgment. 43. The district court shall proceed to render judgment upon the pleadings and Ibid. 10. evidence in the case, and upon such further evidence as may be taken by order of the said court, and shall, on application of the party against whom judgment is rendered, grant an appeal to the supreme court of the United States, (a) on such security for costs Appeal to the in the district and supreme courts, in case the judgment of the district court shall be supreme court. affirmed, as the said court shall prescribe; and if the court shall be satisfied that the party desiring to appeal is unable to give such security, the appeal may be allowed without security. Ibid. 11. 44. The commissioners herein provided for, and the district and supreme courts, in deciding on the validity of any claim brought before them under the provisions of this Principles of de act, shall be governed by the treaty of Guadalupe Hidalgo, the law of nations, the laws, cision. usages and customs of the government from which the claim is derived, the principles of equity, and the decisions of the supreme court of the United States, so far as they are applicable.(b) Ibid. 12. 45. To entitle either party to a review of the proceedings and decision of the commissioners herein before provided for, notice of the intention of such party to file a Notice of petition petition to the district court shall be entered on the journal or record of proceedings of of review. the commissioners within sixty days after their decision on the claim has been made and notified to the parties, and such petition shall be filed in the district court within six months after such decision has been rendered. (c) Ibid. 13. lic domain. for confirmed 46. All lands, the claims to which have been finally rejected by the commissioners in manner herein provided, or which shall be finally decided to be invalid by the district or On rejection of, supreme court, and all lands the claims to which shall not have been presented to the or neglect to prosecute claims, said commissioners within two years after the date of this act, shall be deemed, held the lands to be and considered as part of the public domain of the United States; and for all claims long to the pubfinally confirmed by the said commissioners, or by the said district or supreme court, a patent shall issue to the claimant upon his presenting to the general land office an Patents to issue authentic certificate of such confirmation, (d) and a plat or survey of the said land, duly claims. certified and approved by the surveyor-general of California, whose duty it shall be to cause all private claims which shall be finally confirmed, (e) to be accurately surveyed, Location. and to furnish plats of the same; and in the location of the said claims, the said surveyor-general shall have the same power and authority as are conferred on the Decision on conregister of the land office and receiver of the public moneys of Louisiana, by the sixth flicting claims. section of the act "to create the office of surveyor of the public lands for the state of Louisiana," approved 3d March 1831: (g) Provided always, That if the title of the claimant Contested titles, to such lands shall be contested by any other person, it shall and may be lawful for such person to present a petition to the district judge of the United States for the district in which the lands are situated, plainly and distinctly setting forth his title thereto, and praying the said judge to hear and determine the same, a copy of which petition shall be served upon the adverse party thirty days before the time appointed for hearing the same: And provided further, That it shall and may be lawful for the district judge of When injunction the United States, upon the hearing of such petition, to grant an injunction to restrain main issuing of the party at whose instance the claim to the said lands has been confirmed, from suing patent. out a patent for the same, until the title thereto shall have been finally decided, a copy of which order shall be transmitted to the commissioner of the general land office; and thereupon no patent shall issue until such decision shall be made, or until sufficient time shall, in the opinion of the said judge, have been allowed for obtaining the same; and thereafter the said injunction shall be dissolved. how determined. strain issuing of Ibid. & 14. 47. The provisions of this act shall not extend to any town lot, farm lot, or pasture lot, held under a grant from any corporation or town to which lands may have been granted Not to extend to for the establishment of a town by the Spanish or Mexican government, (h) or the lawful town lots, &c. (a) See United States v. Fremont, 18 How. 30. (b) The decisions of the supreme court, here mentioned, evidently refer to decisions theretofore given in relation to titles in Louisiana and Florida, which were derived from the French or Spanish authorities previous to the cession to the United States. Fremont v. United States, 17 How, 553. (c) But see infra, 53. The act of 1852 dispenses with the requirements of this section respecting the mode of proceeding in the district court. And its provisions respecting pleading and notice, are not so defective as to be invalid. United States v. Ritchie, 17 How. 525. (d) See 7 Opin. 681. (No patent can issue until after a final decree, 7 Opin. 491. A patent confers no title, save against the United States. Ibid. How claims to such lots to be made. Existence of a 3 March 1851. authorities thereof, nor to any city or town, or village lot, which city, town or village existed on the 7th day of July 1846; but the claim for the same shall be presented by the corporate authorities of the said town, or where the land on which the said city, town or village was originally granted to an individual, the claim shall be presented by or in the name of such individual, and the fact of the existence of the said city, town or village town to be prima on the said 7th July 1846, being duly proved, shall be primâ facie evidence of a grant to such corporation, or to the individual under whom the said lot-holders claim; and where any city, town or village shall be in existence at the time of passing this act, the claim for the land embraced within the limits of the same may be made by the corporate authority of the said city, town or village. facie evidence of grant. Ibid. 15. Decrees not to 48. The final decrees rendered by the said commissioners, or by the district or supreme court of the United States, or any patent to be issued under this act, shall be conclusive affect third per- between the United States and the said claimants only, and shall not affect the interests of third persons. Ibid. 16. 49. It shall be the luty of the commissioners herein provided for, to ascertain and Report of mission report to the secretary of the interior the tenure by which the mission lands are held, (a) lands, and those and those held by civilized Indians, and those who are engaged in agriculture or labor of any kind, and also those which are occupied and cultivated by Pueblos or Rancheros Indians. of civilized Indians. Ibid. 17. Compensation of commissioners and clerks. Ibid. 18. 50. Each commissioner appointed under this act shall be allowed and paid at the rate of six thousand dollars per annum ; (b) that the secretary of the commissioners shall be allowed and paid at the rate of four thousand dollars per annum; and the clerks herein provided for shall be allowed and paid at the rate of one thousand five hundred dollars per annum ; (c) the aforesaid salaries to commence from the day of the notification by the commissioners of the first meeting of the board. 51. The secretary of the board shall receive no fee except for furnishing certified Fees for copies of copies of any paper or record, and for issuing writs of subpoena. For furnishing certified copies of any paper or record, he shall receive twenty cents for every hundred words, and for issuing writs of subpoena, fifty cents for each witness; which fees shall papers. 31 Aug. 1852 10 Stat. 24. Ibid. 12. Associate law Decisions to be certified to the district court, and attorneygeneral. 1. be equally divided between the said secretary and the assistant clerk. 52. That said board be authorized to appoint and employ one secretary and three clerks in lieu of the number provided for in the above recited act, whose annual compensation shall be two thousand dollars each. 53. That the president of the United States appoint an associate law agent for California, learned in the law, and skilled in the Spanish and English languages, whose duties and compensation shall be the same as those of the law agent: Provided, That the compensation of the agent and associate shall not exceed five thousand dollars each. And in every case in which the board of commissioners on private land claims in California, shall render a final decision, it shall be their duty to have two certified transcripts prepared of their proceedings and decision, and of the papers and evidence on which the same are founded, one of which transcripts shall be filed with the clerk of the proper district court, and the other shall be transmitted to the attorney-general of the United States, and the filing of such transcript with the clerk aforesaid shall ipso facto Appeals regula operate as an appeal (d) for the party against whom the decision shall be rendered; and if such decision shall be against the private claimant, it shall be his duty to file a notice with the clerk aforesaid within six months thereafter, of his intention to prosecute the appeal; and if the decision shall be against the United States, it shall be the duty of the attorney-general within six months after receiving said transcript to cause a notice to be filed with the clerk aforesaid, that the appeal will be prosecuted by the United States; and on a failure of either party to file such notice with the clerk aforesaid, the appeal shall be regarded as dismissed. ted. 18 Jan. 1854 2 2. 54. The said board of commissioners may appoint one or more, not exceeding three, 10 Stat. 265. competent persons to act as commissioners in the taking of testimony to be used before Commissioners to said board, who shall receive a compensation to be fixed by said board, but not to exceed ten dollars per diem. take testimony. 10 Stat. 603. 10 Jan. 1855 1. 55. That the provisions of the act of congress approved 3d March 1851, (e) "to ascertain and settle the private land claims in the state of California," and of the 2d section Commission ex of the act of 18th January 1854, (g) continuing the same in force, be further continued in force for the term of one year, and no longer, from the 3d March 1855. tended to March 3, 1856. Ibid. 2. 56. That the United States district attorney for the northern district of California be, and he is hereby, authorized to employ assistant counsel to aid him in defending the (a) Under the laws of Mexico, the public authorities of California had power to make grants of mission lands. United States v. Ritchie, 17 How. 525. Cervantes v. United States, 3 Am. L. R. 745. United States v. Cervantes, 18 How. 553. (b) See 7 Opin. 303. (c) $2000, by act 31 August 1852; infra. 52. (d) Though termed an appeal, inasmuch as the commissioners cannot exercise any part of the judicial power under the consti- interests of the United States in the land suits for the adjudication of such claims before 10 Jan. 1855. the district court, at a salary not exceeding three thousand six hundred dollars per Assistant counsel annum, and also to employ such clerical force, not exceeding two persons, at a compento be employed. sation of one hundred and fifty dollars per month each; the services of said assistant And clerks to district attorney. counsel, and the clerical force aforesaid, not to continue beyond the exigencies of the service, nor longer than the term of one year from the period of their several appoint ments. 57. The said commissioners, or either of them, may issue the writ of subpoena Ibid. 23. requiring the attendance of witnesses before the said bcard; and that for any contempt Power to enforce in refusing obedience to such writ, the said board shall have the same power to inflict attendance of punishment now possessed by the district court of the United States. VI. COLLECTION DISTRICTS. witnesses. 9 Stat. 400. Revenue laws ex 58. That the revenue laws of the United States be, and they are hereby, extended to 3 March 1840 2 1. and over the main land and waters of all that portion of territory ceded to the United States by the "Treaty of peace, friendship and limits, between the United States of America and the Mexican republic," concluded on the 2d day of February, in the year California. 1848, heretofore designated and known as Upper California. (a) tended over Ibid. 22. 59. All the ports, harbors, bays, rivers and waters of the main land of the territory of Upper California shall constitute a collection district by the name of Upper Cali- San Francisco to fornia; and a port of entry shall be, and is hereby, established for said district at San be a port of entry. Francisco, on the bay of San Francisco, and a collector of customs shall be appointed by the president of the United States, by and with the advice and consent of the senate, to reside at said port of entry. 60. Ports of delivery shall be, and are hereby, established in the collection district aforesaid, at San Diego, Monterey, and at some convenient point within the territory of the United States, to be selected by the secretary of the treasury, as near as may be to the junction of the rivers Gila and Colorado, at the head of the Gulf of California; and the collector of the said district of California is hereby authorized to appoint, with the approbation of the secretary of the treasury, three deputy collectors, to be stationed at the ports of delivery aforesaid. Ibid. 23. Ports of delivery. 61. There shall be in the state of California six collection districts, to wit: San 28 Sept. 1850 3 1. Francisco, Monterey, San Diego, Sacramento, Sonoma and San Joaquin. The district 9 Stat, 50s. tricts. of San Francisco shall include all the territory, bays, harbors, rivers and shores Six collection disembraced within the counties of San Francisco, Santa Clara, Contra-Costa, Marin, Mondocino and Trinidad, and a collector, naval officer and surveyor for the district shall San Francisco. be appointed, to reside at the city of San Francisco, which shall be the sole port of entry for the district. 62. The district of Monterey shall include all the territory, bays, harbors, rivers and Monterey. shores embraced within the counties of Monterey, San Luis Obispo and Santa Cruz, and a collector shall be appointed for said district, to reside at the town of Monterey, which shall be the sole port of entry for the district. 63. The district of San Diego shall include all the territory, bays, harbors, rivers and San Diego. shores of the counties of San Diego, Los Angelos, and Santa Barbara; and a collector shall be appointed for said district, to reside at the town of San Diego, which shall be the sole port of entry for said district. 64. The district of Sacramento shall include all the territory, bays, harbors, rivers Sacramento. and shores of the counties of Sacramento, Sutter, El Dorado, Yuba, Butte Yolo, Coluse and Shasta; and a collector for the district shall be appointed to reside at Sacramento City, which shall be the sole port of entry for the district. 65. The district of Sonoma shall include all the territory, bays, harbors, rivers and Sonoma. shores embraced within the counties of Sonoma, Napa and Solano; and a collector shall be appointed for said district, to reside at the town of Benicia, which, together with the town of Vallejo, shall be the sole port of entry for the district. 66. The district of San Joaquin shall include all the territory, bays, harbors, rivers San Joaquin. and [shores] embraced within the counties of Calaveras, San Joaquin, Tualumne and Mariposa; and a collector of the district shall be appointed to reside at the town of Stockton, which shall be the sole port of entry for the district. And the towns of Ports of delivery. Santa Barbara and San Pedro, (b) in the collection district of San Diego, shall be, and are hereby, constituted ports of delivery for said districts, and surveyors shall be appointed to reside at cach, with such other officers as the secretary of the treasury may deem necessary for the public service. (a) The 35 enacted, that, until otherwise provided by law, all violations of the revenue laws of the United States, committed within the district of Upper California, should be prosecuted in the district court of Louisiana, or the supreme court of Oregon. But this section was virtually repealed by the act 28 September 1850, supra, 15, which invested the district courts of California, with jurisdiction of all crimes against the United States, not capital. 6 Opin. 114-15. (b) San Pedro constituted a collection district, by act 3 August 1854; infra, 70. |