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19 Feb. 1864.

Fees of clerks.

appointment at any time by filing in the office of the clerk a notice in writing under
his hand and seal, stating that the appointment is revoked. The revocation shall be Oath.
entered on the records of the court. The clerk, before entering upon the discharge of
his duties, shall take the oath of office prescribed by the act entitled "An act to prescribe
an oath of office, and for other purposes," approved July 2d 1862, (a) and such oath
shall be endorsed upon his appointment. The clerk shall also execute a bond to the Bond.
United States with two or more sufficient sureties in such sum as the circuit judge may
designate, conditioned for the faithful performance of his duties. In case of a vacancy
in the office of clerk, the district judge shall have power to fill such vacancy by appoint-
ment, which shall continue until an appointment is made by the circuit judge.

5. The clerks of the circuit courts of the tenth circuit shall have power to appoint Ibid. 25. one or more deputies, who shall have the same authority in all respects as their prin- Deputy-clerks. cipal. The appointment shall be in writing, and be signed by the clerk, and shall be filed in his office, and be entered at large upon the records of the court. The clerk may revoke the appointment of any deputy, at will, by writing filed in the office, and entered upon the records. Each deputy, before entering upon his duties, shall take the oath of office prescribed by the act entitled "An act to prescribe an oath of office and for other purposes," approved July 2d 1862;(a) and such oath shall be endorsed upon his appointment. The clerk may take from each of his deputies a bond with sureties for the faithful performance of his duties, but the clerk and the sureties on his official bond shall be liable for all the official acts of each deputy.

6. The clerks of the circuit courts and district courts of the United States for the Ibid. 26. districts of California and Oregon shall severally be entitled to charge and receive for the services they may perform double the fees and compensation allowed by the act entitled "An act to regulate the fees and costs to be allowed clerks, marshals and attorneys of the circuit and district courts of the United States, and for other purposes," approved February 26th 1853.(6)

7. Issues of fact in civil cases may be tried and determined by the said circuit court Ibid. 27. without the intervention of a jury, whenever the parties or their attorneys of record Trial of issues of file a stipulation in writing with the clerk waiving a jury. Upon the trial of an issue fact by the court. of fact by the court, its decision shall be given in writing and filed with the clerk. In giving the decision, the facts found and the conclusions of law shall be separately stated. The review of the judgment or decree entered upon such findings by the Appeals and

writs of error. supreme court of the United States, upon appeal or writ of error, shall be limited to a determination of the sufficiency of the facts found to support the judgment or decree entered, and to the rulings of the court in admitting or rejecting evidence offered, and in the construction of written documents produced and admitted. The supreme court may affirm or modify or reverse the judgment or decree entered, or may, in its discretion, order a new trial or further proceedings to be taken.

II. DISTRICT COURTS. 8. A term of the district court of the United States for the northern district of Cali- 19 Feb. 1864 8. fornia shall be held in the city of San Francisco, in said state, on the first Monday of April, and on the second Monday of August, and on the first Monday of December, Tirsoof the disof each year, and a term of the district court of the United States for the district of Oregon shall be held at the city of Portland, in the state of Oregon, on the first Monday of March, and on the first Monday of July, and on the first Monday of November, of

13 Stat. 5.

each year.

14 Stat. 300.

9. The southern judicial district of the state of California and the western dis- 27 July 1866 @ 1. trict of Louisiana shall be, and the same are hereby, abolished ; and hereafter the said states shall respectively constitute one judicial district, and shall respectively be called Southern district

abolished. the districts of California and Louisiana. The district judge, marshal and district attorney of the United States for the northern district of California and the eastern district of Louisiana shall respectively possess and exercise the same powers and jurisdiction in said district courts of California and Louisiana, as they now possess and exercise in their respective districts. 10. All actions, suits and proceedings, civil or criminal, which shall have been com

Ibid. & 2. menced, and at the time of the passage of this act shall be pending in the southern Transfer of pend. district of California, or the western district of Louisiana, and all process, orders, judg. ing causes. ments, decrees, records or other papers or proceedings relating thereto or filed therein, shall be transferred to the said district courts of California and Louisiana respectively; which courts shall possess and exercise over such actions, suits and proceedings, and the process, orders, judgments, decrees, records and other papers and proceedings so transferred, the same authority and jurisdiction as they would have had if such actions, (a) Tit. “Oaths," 1.

(6) 1 vol. 274. Vol. II.-8

records.

14 Stat. 218.

lected and dis

firmed to the state.

27 July 1866. suits and proceedings had been commenced in said courts ; and no indictment, writ,

process, recognisance or other proceeding, returnable to, or to be heard, tried or considered in the said southern district of California, or said western district of Louisiana,

shall be abated, discontinued or rendered void by the transfer thereof as aforesaid. Ibid. 23.

11. The clerks of the said southern district of California, and the said western disDisposition of trict of Louisiana, shall, as soon as practicable after the passage of this act, deliver to

and deposit with the clerks of the said district courts of California and Louisiana, respectively, all property, books, records, documents and papers remaining in their respective offices, and the same shall be received and kept by the said last-mentioned

clerks subject to the order and direction of such courts respectively. Ibid. & 4.

12. Executions may be issued out of the said district court of California, and the said Executions. district court of Louisiana, respectively, to collect any judgment or decree rendered in

the said southern district of California, or said western district of Louisiana, before the passage of this act, with the same effect as the same might now be issued out of the court in which such judgment or decree was rendered ; and all process which shall have been issued out of said district court for the southern district of California, or said western district of Louisiana, and shall not have been returned before the passage of this act, shall be returned to and filed with the clerks of the district courts of California and Louisiana respectively.

III. LANDS. 23 July 1868 1. 13. In all cases where the state of California has heretofore made selections of any

portion of the public domain in part satisfaction of any grant made to said state by Certain lands se- any act of congress, and has disposed of the same to purchasers, in good faith, under posed of, con- her laws, the lands so selected shall be and hereby are confirmed to said state :

Provided, That no selection made by said state contrary to existing laws shall be confirmed by this act, for lands to which any adverse pre-emption, homestead or other right has, at the date of the passage of this act, been acquired by any settler under the laws of the United States, or to any lands wbich have been reserved for naval, military or Indian purposes by the United States, or to any mineral land, or to any land held or claimed under any valid Mexican or Spanish grant, or to any land which, at the time of the passage of this act, was included within the limits of any city, town or village, or within the county of San Francisco: And provided further, That the state of California shall not receive under this act a greater quantity of land for

school or improvement purposes than she is entitled to hy law. Ibid. & 2. 14. Where the selections named in section one of this act have been made upon land Register to be which has been surveyed by authority of the United States, it shall be the duty of the tion by the state. proper authorities of the state, where the same has not already been done, to notify

the register of the United States land office for the district in which the land is located, of such selection, which notice shall be regarded as the date of the state selection; and the commissioner of the general land office shall, immediately after the passage of this act, instruct the several local registers to forward to the general land office, after investigation and decision, all such selections, which, if found to be in accordance with section one of this act, the commissioner shall certify over the state in the usual

manner. Ibid. & 3. 15. Where the selections named in section one of this act have been made from

lands which have not been surveyed by authority of the United States, but which

selections have been surveyed by authority of and under the laws of said state, and veyed lands.

the land sold to purchasers, in good faith, under the laws of the state, such selections shall, from the date of the passage of this act, when marked off and designated in the field, have the same force and effect as the pre-emption rights of a settler upon unsurveyed public land; and if, upon survey of such lands by the United States, the lines of the two surveys shall be found not to agree, the selection shall be so changed as to include those legal subdivisions which nearest conform to the identical land included in the state survey and selection. Upon the filing with the register of the proper United States land office, of the township plat in which any such selection of unsurveyed land is located, the holder of the state title shall be allowed the same time to present and prove up his purchase and claim under this act, as is allowed pre-emptors under existing laws ; and if found in accordance with section one of this act, the land einbraced therein shall be certified over to the state by the commissioner of the general

land office. Ibid. & 4. 16. In all cases where township surveys have been or shall hereafter be made Swamp lands to under authority of the United States, and the plats thereof approred, it shall be the be certified to the duty of the commissioner of the general land office to certify over to the state of

California, as swamp and overflowed, all the lands represented as such, upon such ap

Effect of selections of unsur

etate.

proved plats, within one year from the passage of this act, or within one year from 23 July 1866. the return and approval of such township plats. The commissioner shall direct the United States surveyor-general for the state of California to examine the segregation maps and surveys of the swamp and overflowed lands made by said state ; and where he shall find them to conform to the system of surveys adopted by the United States, he shall construct and approve township plats accordingly, and forward to the general land office for approval: Provided, That in segregating large bodies of land, notoriously and obviously swamp and overflowed, it shall not be necessary to subdivide the same, but to run the exterior lines of such body of land. In case such state surveys are found not to be in accordance with the system of United States surveys, and in 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 office, representing and describing what land was swamp and overflowed under the grant, according to the best evidence he can obtain. If the How character authorities of said state shall claim as swamp and overflowed, any land not represented determined. as such upon the map or in the returns of the surveyors, the character of such land at the date of the grant, September 28, 1850, 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.

17. It shall be the duty of the commissioner of the general land office to instruct the Ibid. 5. officers of the local land offices and the surveyor-general, immediately after the passage Lists to be fire of this act, to forward lists of all selections made by the state referred to in section nished to comone of this act, and lists and maps of all swamp and overflowed lands claimed by said the land office. state, or surveyed as provided in this act, for final disposition and determination ; which final disposition shall be made by the commissioner of the general land office without delay.

18. An act entitled " An act to provide for the survey of the public lands in Cali- Ilid. 26. fornia, the granting of pre-exemption rights therein, and for other purposes," ap- Selection of proved March 3d 1853, (a) shall be construed as giving the state of California the right school lands. to select for school purposes other lands in lieu of such sixteenth and thirty-sixth sections as were settled 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 made. The surveyor-general for the state of California shall furnish the state authorities with lists of all such sections so covered, as a basis of selection, such selections to be made from surveyed lands, and within the same land district as the section for which the selection is made.

19. Where persons, in good faith, and for a valuable consideration, have purchased Ibid. & 7. lands of Mexican grantees or assigns, which grants have subsequently been rejected, certain holders or where the lands so purchased have been excluded from the final survey of any Mex- of Mexican ican grant, and have used, improved and continued in the actual possession of the the right of presame, as according to the lines of their original purchase, and where no valid adverse emption. 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 sec- Exceptions. tion shall not be applicable to the city and county of San Francisco: Provided, That the right to purchase herein given shall not extend to lands containing mines of gold, silver, copper or cinnabar : Provided, That whenever it shall be made to appear, by petition from the occupants of such land, that injury to permanent improvements would result from running the lines of the public surveys through such permanent improvements, the commissioner of the general land office may recognise existing lines of subdivisions.

20. In all cases where a claim to land by virtue of a right or title derived from the Ibid. 3 8 Spanish or Mexican authorities has been finally confirmed, and a survey and plat Land to be set thereof shall not have been requested within ten months from the passage of this act, off for confirmed as provided by sections six and seven of the act of July 1st 1864,(6) "to expedite the (a) 1 vol. 109-11.

(b) Infra 30-1

claims.

12 Stat. 287.

District courts may issue subpoenas to other

23 July 1866. settlement of titles to lands in the state of California," and in all cases where a like

claim shall hereafter be finally confirmed, and a survey and plat thereof shall not be requested, as provided by said sections, within ten months after the passage of this act, or any final confirmation hereafter made, it shall be the duty of the surveyor-general of the United States for California, as soon as practicable after the expiration of ten months from the passage of this act, or such final confirmation hereafter made, to cause the lines of the public surveys to be extended over such land, and he shall set off, in full satisfaction of such grant, and according to the lines of the public surveys, the quantity of land confirmed in such final decree, and as nearly as can be done in

accordance with such decree; and all the land not included in such grant as so set off Pre-emption shall be subject to the general land laws of the United States: Provided, That nothing claimants not to in this act shall be construed so as in any manner to interfere with the right of bonâ be affected. fide pre-emption claimants.

IV. LAND CLAIMS.(a) 11 May 1858 21. 21. In cases pending in the district courts of the United States in California, on

appeal from the decree of the commissioners to ascertain and settle the private land claims in the state of California, under the act of congress passed March 3d 1851,(6)

if either party shall desire to examine any witness residing in any other district within districts within said state, or shall require the production of any paper, written instrument, book or

document, supposed to be in the possession or power of a witness residing in another district, the court wherein the case is pending, or any judge thereof, being satisfied, by affidavit or otherwise, of the materiality of such witness, or of the production of such paper, written instrument, book or document, as evidence of the case, may order the clerk of said court to issue a subpoena, or a subpoena duces tecum, for such witness and for such paper, written instrument, book or document; which subpæna, or subpæna

duces tecum, shall run into any other district in said state, and be served by the marshal And attachments of either district, as the court or judge may direct: And the court or judge ordering for witnesses. said writ shall have power to enforce obedience to said process, and punish disobedience

by attachment, and in like manner as if said witness resided within the district where the cause may be pending; and all attachments and process necessary to enforce obedience or punish disobedience to the aforesaid writs of subpæna, and subpæna duces

tecum, may be served and executed by the marshal of either district, as the court or Fees of witnesses. judge may direct: Provided, That a witness attending the court under a subpæna

issued under the provisions of this act, in a district in which he does not reside, shall be entitled to the same fees for attendance as are allowed by the laws of the state of

California to witnesses in similar cases. 18 May 1858 1. 22. If any person shall falsely make, alter, forge or counterfeit, or cause or procure

to be falsely made, altered, forged or counterfeited, or willingly aid and assist in the Punishment for false making, altering, forging or counterfeiting, any petition, certificate, order, report, forgery of evidences of title. decree, concession, denouncement, deed, patent, title, confirmation, diseño, map, espe

diente or part of an espediente, or any title-paper or evidence of right, title or claim to lands, mines or minerals in California, or any instrument of writing whatever in relation to lands, or mines or minerals in the state of California, for the purpose of setting up or establishing against the United States any claim, right or title to lands,

mines or minerals within the state of California, or for the purpose of enabling any For uttering person to set up or establish any such claim; or if any person for the purposes aforesuch forged docu. said, or either of them, shall utter or publish as true and genuine, any such, false,

forged, altered or counterfeited petition, certificate, order, report, decree, concession, denouncement, deed, patent, confirmation, diseño, map, espediente or part of an espedient, title-paper, evidence of right, title or claim to lands or mines or minerals in the state of California, or any instrument of writing whatever in relation to lands, or mines or minerals in the state of California, the person so offending shall be deemed and adjudged guilty of a misdemeanor ; and being thereof duly convicted, shall be sentenced to be imprisoned and kept at hard labor for a period not less than three years,

and not more than ten years, and shall be fined not exceeding ten thousand dollars. Ibid. & 2. 23. If any person shall make, or cause or procure to be made, or shall willingly aid For forgergy of and assist in making, any falsely dated petition, certificate, order, report, decree, con

cession, denouncement, deed, patent, confirmation, diseño, map, espediente or part of an espediente, or any title-paper or written evidence of right, title or claim, under Mexican authority, to any lands, mines or minerals in the state of California, or any

11 Stat. 290.

instrument of writing in relation to lands, or mines or minerals in the state of Califor. (a) The jurisdiction of the board of commissioners for the set. until the issuing of a patent conformably to the decree. United tlement of private land claims in California, and of the courts of States v. Fossatt, 21 How. 445. the United States on appeal, extends not only to the adjudication (6) Under this act, grantees under the claim may prosecute it of questions relating to the genuineness and authenticity of the in the name of the original claimant. United States v. Sutter, 21 grant, and others of a similar character, but also all questions How. 171. relating to its location and boundaries; and does not terminate

Mexican documeats.

the came to be counterfeit.

nia, having a false date, or falsely purporting to be made by any Mexican officer or 18 May 1858. authority, prior to the 7th day of July, A. D. 1846, for the purpose of setting up or establishing any claim against the United States, to lands, or mines or minerals within the state of California, or of enabling any person to set up or establish any such claim; or if any person shall sign his name as governor, secretary or other public officer acting under Mexican authority, to any instrument of writing falsely purporting to be a grant, concession or denouncement under Mexican authority, and during its existence in California, of lands, mines or minerals, or falsely purporting to be an informe, report, record, confirmation or other proceeding on an application for a grant, concession or denouncement under Mexican authority, during its existence in California, of lands, mines or minerals, the person so offending shall be deemed and adjudged guilty of a misdemeanor ; and being thereof duly convicted, shall be sentenced to be imprisoned and kept at hard labor for a period not less than three years, nor more than ten years, and shall be fined not exceeding ten thousand dollars. 24. If any person, for the purpose of setting up or establishing any claim against the

Ihid. 2 3. United States to lands, mines or minerals within the state of California, shall present, For presenting to or cause or procure to be presented, before any court, judge, commission or commis- any court.de sioner, or other officer of the United States, any false, forged, altered or counterfeited ments, knowing petition, certificate, order, report, decree, concession, denouncement, deed, patent, diseño, map, espediente or part of an espediente, title-paper or written evidence of right, title or claim to lands, minerals or mines, in the state of California, knowing the same to be false, forged, altered or counterfeited, or any falsely dated petition, certificate, order, report, decree, concession, denouncement, deed, patent, confirmation, diseño, map, espediente or part of an espediente, title-paper or written evidence of right, title or claim to lands, mines or minerals in California, knowing the same to be falsely dated; or if any person shall prosecute in any court of the United States, by appeal or For prosecuting otherwise, any claim against the United States for mines or minerals in Califor- suits frunded on

such forged docu. nia, or shall, after the passage of this act, continue to prosecute any claim now pending ments. in said courts against the United States for lands, mines or minerals in California, which claim is founded upon, or evidenced by, any petition, certificate, order, report, decree, concession, denouncement, deed, patent, confirmation, diseño, map, espediente or part of an espediente, title-paper or written evidence of right, title or claim, which has been forged, altered, counterfeited or falsely dated, knowing the same to be forged, altered or counterfeited, or falsely dated, the person so offending shall be deemed and adjudged guilty of a misdemeanor ; and on conviction thereof, shall be sentenced to be imprisoned and kept at hard labor for a period not less than three years, nor more than ten years, and shall be fined not exceeding ten thousand dollars.

25. The district attorney of the United States of any district in California may 6 August 1861 & 2 transcribe and certify to the supreme court of the United States the records of the district court of his proper district, in all land cases wherein the United States is a How records to party, upon which appeals have been or may be taken to the supreme court of the becertified to suUnited States ; (a) and records so certified by such district attorney under his hand, and filed in the supreme court of the United States, shall be taken as true and valid transcripts, to the same intent and purpose as if certified by the clerk of the proper district court; and the said district attorneys for the districts of California shall be authorized to employ such clerks, not exceeding three in number, as may be necessary to transcribe such records, at a compensation, for each of such clerks, not exceeding one hundred and fifty dollars per month, which shall be paid out of the appropriation for special and other extraordinary expenses of California land claims; and it shall Duty of clerks of be the duty of the clerk of any district court in California, on request of the district attorney of that district, to deliver to him the records in the cases before mentioned on which appeals have been or may be taken, for the purpose of having them transcribed ; and upon refusal or failure to do so, such clerk shall forfeit and pay to the Penalty for ne United States the sum of five thousand dollars for each offence, to be recovered in glect. an action of debt in any court of competent jurisdiction; and such clerk shall, moreover, be incapable of holding his said office of clerk, or any office under the United States.

26. Whenever the surveyor-general of California shall, in compliance with the 13th 1 July 1864 & 1. section of an act entitled "An act to ascertain and settle the private land claims in the state of California," approved March 3d 1851,(6) have caused any private land Notice of survey claim to be surveyed and a plat to be made thereof, he shall give notice that the same claims to be pube has been done, by a publication, once a week for four consecutive weeks, in two newspapers, one published in the city of San Francisco, and one published near the land (a) See United States v. Gomez, 3 Wall. 752.

12 Stat. 320.

preme court.

Clerks.

district courts.

(0) 1 vol. 113, pl. 46.

13 Stat. 332.

lished,

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