TITLE VIII. Property of the State. CHAPTER. I. THE PUBLIC LANDS. II. THE YOSEMITE VALLEY AND MARIPOSA BIG TREE 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 III. SCHOOL LANDS. IV. PAYMENTS, CERTIFICATES OF PURCHASE, AND PATENTS. 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. $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. (Repealed.) $3400. Qualification and residence of Agent. (Repealed.) 3401. Duties of Agent. (Repealed.) $3402. Compensation. (Repealed,) $3403. Mode of payment of Agent. (Repealed.) 3404. Purchasers of lands must pay expenses, etc. (Repealed.) $3405. Surveyor General to keep certain records. $3406. Duty of Surveyor General on application for purchase. $3408. When townships are surveyed. (Repealed.) $3410. Registers and Receivers, how compensated for services. $ 3413. Attorney General, attendance. Traveling expenses. $3415. Same. $ 3416. Effect of judgment. $ 3417. Limitations. $3418. Duty upon application for survey. (Repealed.) $3420. Upon refusal of County Surveyor. (Repealed.) $3422. County Treasurer to report to Register. $3424. Quarterly reports of the County Treasurers. $ 3425. Treasurers to pay over moneys received. $3426. Moneys to be retained by County Treasurers. § 3427. Interest, how computed and when payable. $3428. Compensation of County Treasurer and Auditor. 3395. The Register of the State Land Office must 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. Register of the State Land office-Surveyor General is ex officio, $$ 350, 497. Deputy, same, $$ 350, 497. Clerks, § 343. Duties, referred to as being prescribed in this portion of Code, § 498. Salary of Clerks, $500. Fees, § 501. Bond, § 502 and note. State lands-generally, see § 3429n. 3396. He must also keep plats of such lands, upon which all approved locations and surveys must be designated by their numbers. 3397. When certificates of purchase or patents are issued, the fact must be noted on the plats. Basis of section-Stats. 1868, p. 507. Payments, certificates of purchase and patents-§§ 3512-3523. J 3398. The Surveyor General is the general agent of the State for the location in the United States Land Offices of the unsold portion of five hundred thousand acres of land granted to the State for school purposes, and the sixteenth and thirty sixth sections granted for the use of public schools, and lands in lieu thereof. School lands--S$ 3494-3503. 3399 to 3404. Section number three thousand three hundred and ninety-nine, three thousand four hundred, three thousand four hundred and one, three thousand four hundred and two, three thousand four hundred and three, and three thousand four hundred and four are hereby repealed. [In effect January 19, 1874.] 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. Accepted in part satisfaction of grant-sufficient consent, 39 Cal. 344; must be done before suit commenced touching right to purchase lien lands, 44 Cal. 352; rights of applicants in abeyance until, 52 Cal. 535. 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. Acceptance-see Accepted in part satisfaction of grant, § 3406n. Approval-certificate by Register manifests consent of the United States to entry of lands by State, 42 Cal. 607; until land certified over to State, as required by previous statute, selection was not confirmed and title did not pass to State, 40 Cal. 73; 44 Cal. 382: 49 Cal. 217. Confirmation of State selections of unsurveyed lands, 38 Cal. 30. 3408. All of section three thousand four hundred and eight of the Political Code is hereby repealed. [In effect April 3, 1876.] Repealed section-dispensed with U. S. Register's approval of applications for portions of thirty-sixth sections. Violation of requirement, that township or other lines should have been established, had to be alleged (under similar statute) by contesting applicant, 52 Cal. 107. Essential that applicant should make affidavit required, 52 Cal. 93-94, 107. 3409. The Surveyor General must, after the survey of any township by the United States Surveyor General, obtain from the United States Land Office a statement, showing whether or not the sixteenth and thirty-sixth sections therein belong to the State. Sixteenth and thirty-sixth sections-title in State until surveyed, 45 Cal. 656; and not divested, when, 48 Cal, 601. POL. CODE-42. 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 such accounts, and they must be paid out of the General Fund. Basis of section-Stats. 1870, p. 14. State Board of Examiners-§§ 654-683. 3411. The Surveyor General must represent the State in all contests between it and the United States in relation to public lands. Land contests between this State and the United States-when national Government not concluded by notice, 47 Cal. 182; priority of proceedings gives preference, 34 Cal. 511; 48 Cal. 27. 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 sixty-six, 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. 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 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. Board of Examiners-§§ 654-683. 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. Contest before Surveyor General-none as to land for which pat ent has been issued, 52 Cal. 379; absence of, prevents jurisdiction of Court from vesting, when, 50 Cal. 82; contestant need not seek to purchase, 25 Cal. 26. Contest over certificate of purchase-improperly issued, may be raised in the office of the Register, who may refer it to the Court for trial, 51 Cal. 132. Question of law involved-requires reference to Courts, 43 Cal. 57; is one of original grounds for jurisdiction of Court, 51 Cal. 7. Demand for trial-initiation of contest by, is ground for jurisdiction of Court, 51 Cal. 7. Order referring the contest-provision and section cited, 54 Cal. 632; must be shown in proof, Lane v. Pferdner, October 6, 1880, 6 P. C. L. J. 467; alone gives jurisdiction, 55 Cal. 42. District Court-superseded by Superior Court under Const. Cal. 1879, art. 22, § 3. 3415. After such order is made either party may bring an action in the Superior Court of the county in which the land in question is situated, to determine the conflict, and the production 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. [In effect April 28, 1880.] Action in State Court-to annul certificate of purchase: if holder of certificate is known, service of summons must be personal and not by publication, 45 Cal. 639. Pleadings in, 49 Cal. 356. Production of certified copy of entry-Order of reference must be shown in proof, Lane v. Pferdner, October 6, 1880, 6 P. C. L. J. 467. Jurisdiction of Court-to decide question of State's title. when District Court had, 48 Cal. 603. None was possessed by District Courts to determine contest as to right to purchase swamp and overflowed land, or as to approval of a survey, etc., unless the contest arose in the office of the Surveyor General, 50 Cal. 82; nor (under Stat. 1868) to try right of a party to purchase State lands, unless contest initiated in Register's office by demand for trial, or question of law involved, and Register so certifies, 51 Cal. 7. Existed in District Court, when certificate of purchase improperly issued, and contest certified by Register, 51 Cal. 132. None in District Courts except where contests had arisen in the office of the Surveyor General or Register, 52 Cal. 128. Derived only through reference, 55 Cal. 42: and must be expressly conferred by statute, 44 Cal. 347. 3416. Upon filing with the Surveyor General or 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. Judgment of the Court--character and limits of, 51 Cal. 536; copy must be filed, before patent issues, 51 Cal. 325. Must approve the survey or location--on this provision as well as $$ 3414 and 3415; see Langenour v. Shanklin, February 17, 1881, 7 P. C. L. J. 140. Other evidence of title--no power to issue patent until Court proceedings finished, 51 Cal. 325. |