TITLE VIII. PROPERTY OF THE STATE. CHAPTER I. The Public Lands. II. The Yosemite Valley and Mariposa III. The State Burying Ground. CHAPTER I. THE PUBLIC LANDS. ARTICLE I. GENERAL PROVISIONS RESPECTING THE PUBLIC LANDS. II. SWAMP AND OVERFLOWED, SALT MARSH, AND TIDE LANDS. III. SCHOOL LANDS. IV. PAYMENTS, CERTIFICATES OF PURCHASE, AND PAT ENTS. V. SELECTION AND SALE OF UNIVERSITY LANDS. VI. PROCEEDINGS AGAINST DELINQUENT PURCHASERS. VII. MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS. ARTICLE I. GENERAL PROVISIONS RESPECTING THE PUBLIC LANDS. SECTION 3395. Register to keep certain accounts and records. 3396. Must keep plats, and note locations thereon. 3397. Must note on plats the issuing of certificates or patents. 3398. Surveyor General to be State Locating Agent. 3399. Agent at Washington. 3400. Qualification and residence of Agent. 3401. Duties of Agent. 3402. Compensation. 3403. Mode of payment of Agent. 3404. Purchasers of lands must pay expenses of agency. 3405. Surveyor General to keep certain records. 3406. Duty of Surveyor General on application for purchase of lands. 3407. Same. Register to keep certain SECTION 3408. When townships are surveyed, but not subdivided, certificates of purchase may issue without approval of United States. 3409. Surveyor General to obtain statement as to condition of school sections. 3410. Registers and Receivers, how compensated for services rendered the State. 3411. Surveyor General to represent State in contests relating to lands. 3412. Place of taking testimony to be fixed. 3413. May require Attorney General to attend. Traveling expenses. 3414. Contest as to approval of surveys, etc., how disposed of. 3415. Same. 3416. Effect of judgment. 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. 3395. The Register of the State Land Office must keep separate accounts and records in relation to each and records class of lands to which the State is entitled, which accounts 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. riparian ownership and navigable streams as connected 3396. He must also keep plats of such lands, upon Must keep plats, and which all approved locations and surveys must be note designated by their numbers. locations thereon. 3397. When certificates of purchase or patents Must note are issued, the fact must be noted on the plats. NOTE.-Stats. 1868, p. 507. on plats the issuing of certificates or patents. General to 3398. The Surveyor General is the general agent Surveyor of the State for the location in the United States Land be State Locating Offices of the unsold portion of five hundred thousand Agent. 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. 3399. The State must be represented before the United States Land Department at Washington by an agent appointed by the Surveyor General. NOTE.-Stats. 1870, p. 572. 3400. The agent must be a citizen of this State, and an attorney at law, and must establish and keep an office in Washington. Agent at ton. Washing Agent. 1. Procure from the United States Land Offices in Duties of 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. Compensation. Mode of payment of Agent. Purchasers of lands must pay expenses of agency. Surveyor keep certain records. Duty of Same. 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. 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. 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. 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. 3406. The Surveyor General must, whenever application is made to him for any portion of the lands mentioned in Section 3398, communicate with the United States Land Office, and ask that the lands described in the application be accepted in part satisfaction of the grant under which it is sought to be located. 3407. When the acceptance of the Register of the United States Land Office is obtained, he must give to the party applying a copy of his approval. 3408. Where townships have not been subdivided, but township and other lines have been established so as to show that a tract of land is included in any townships are to be surveyed, but not certificates may issue approval thirty-sixth section, and the party applying for the When same makes affidavit that there is no claim to the same other than his own, and that it is not occupied subdivided, by any settler, the Surveyor General may approve of purchase such location without the acceptance of the Register without of the United States Land Office, and the Register of of United the State Land Office may issue a certificate of purchase therefor. But no patent is 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. States. General to statement as to 3409. The Surveyor General must, after the sur- Surveyor vey of any township by the United States Surveyor obtain General, obtain from the United States Land Office a condition statement, showing whether or not the sixteenth and of school thirty-sixth sections therein belong to the State. and how com for services rendered the State. 3410. The Registers and Receivers of the United Registers States Land Offices must present their accounts for Receivers, services rendered the State to the Surveyor General, pensated 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 such accounts, and they must be paid out of the General Fund. NOTE.-Stats. 1870, p. 14. 3411. The Surveyor General must represent the State in all contests between it and the United States in relation to public lands. Surveyor represent General to State in contests relating to lands. Place of taking to be fixed. 3412. When he desires to take testimony under the provisions of the Act of Congress to quiet land testimony titles in California, passed July, eighteen hundred and sixty-six, he must request the United States Surveyor 80-VOL. I. |