number of judges of the plains, for their respective counties, as said court may deem necessary. to attend rodeos. SEC. 2. That the term of office shall be for one year, and said Term of office: judges of the plains shall attend all rodeos or gathering of cattle, whether for the purpose of marking and branding, or for the purpose of separating cattle, when called upon by any ranchero, farmer, or owner of stock, that may be made in their respective counties. disputes as to cattle. decision. SEC. 3. Whenever any dispute arises respecting the ownership, To decide mark, or brand of any horse, mule, jack, jenny, or horned cattle, it ownership of shall be the duty of the judges of the plains to decide on such dispute. SEC. 4. Any party interested in the dispute of the ownership, Appeal from mark, or brand of any animals as enumerated above, may appeal from the decision of the judges of the plains to a justice of the peace of the township where such dispute may arise: Provided, such appeal be made within twenty-four hours after the judgment has been notified to him. property of certificate of SEC. 5. All persons travelling with cattle, sheep, hogs, horses, or Persons travelling with mules, shall, in case said animals be not of their own mark and brand, cattle, the be obliged to procure from the person or persons from whom they ob- others, to have tain such cattle, or from the justice of the peace residing nearest to owners. the farm or place where they may obtain the same, a certificate of the number and kind of such cattle, and the mark and brand which distinguished the same; and they shall allow such animals to be subject to the inspection of owners of lands through which they may pass, and upon arriving at any city, town, or village, shall present themselves to a judge of the plains, and state the number and kind of such animals; and it shall be the duty of the judge of the plains to examine the band or drove, and accompany them out of the precinct of such city, town or village. be detained. SEC. 6. That if the number and kind of animals do not agree with When cattle to the report of the owner or person in charge, and with the certificates in his possession, the judge of the plains shall detain the band or drove, and take the owner or person in charge before the nearest magistrate for examination. persons accused SEC. 7. That the judge of the plains shall arrest and take before May arrest any magistrate any person who may be accused of killing, hiding, or of killing the otherwise taking away animals belonging to others. cattle of others. duty. SEC. 8. That should complaint be brought against any judge of the Direliction of plains for dereliction of duty, the same being sustained, shall be considered as guilty of a misdemeanor, and shall be liable to prosecution for the same. SEC. 9. The judge of the plains shall receive such compensation Compensation. Regulations respecting. Act, when to take effect, etc. The governor to issue land warrants, countersigned by the comptroller and deposited in the office of the state treasurer. State treasurer authorized to sell land warrants. State scrip, war rants, or three per cent. bonds received in payment. for his services as may be determined by the court of sessions in their respective counties, not exceeding the sum of five dollars per day while actually employed, and which shall be paid by the party in default, or the party requiring his services. SEC. 10. The court of sessions may make such other local regulations with respect to the duties of the judges of the plains, that they may deem necessary. SEC. 11. This act shall take effect from and after the first day of July; and all laws now in force in this state, having relation to judges of the plains, are hereby repealed. CHAPTER CLXVII. AN ACT to provide for the Disposal of the five hundred thousand Acres of Land granted to this State by Act of Congress. That the people of the state of California may avail themselves of the benefits of the eighth section of the Act of Congress approved fourth April, eighteen hundred and forty-one, Chapter sixteen, entitled "An Act to appropriate the proceeds of the sales of the Public Lands and to grant pre-emption Rights;" the following provi sions are hereby enacted :-[Passed May 3, 1852.] The People of the State of California, represented in Senate and SECTION 1. The governor of this state is hereby authorized to issue land warrants for not less than one hundred and sixty and not more than three hundred and twenty acres in one warrant, to the amount of five hundred thousand acres, which warrants when so signed and issued by the governor shall be countersigned by the comptroller and by him be deposited in the office of the treasurer of state for sale, charging the same to account of the treasurer. SEC. 2. The treasurer of state is hereby authorized, on application to him therefor, to sell said land warrants for two dollars per acre, in the lawful currency of the United States, in state scrip or comptroller's warrants drawn upon the general fund, or bonds of the civil debt of the state, now due, the interest, if any thereon, to be included in the aggregate of such payment, and the said treasurer is required to convert all lawful moneys of the United States, and all state three per cent. bonds, or comptroller's warrants so received by him, into bonds of the civil funded debt of the state, bearing seven per cent. interest per annum, and to keep such bonds as a special de under this act to school fund. posit in his custody, marked "School Fund," to the credit of said school fund. All interest falling due on said bonds so set apart to Revenue received the credit of the school fund shall be semi-annually placed to the constitute the credit of said school fund. All state three per cent. bonds, or comptroller's warrants so converted by him into seven per cent. bonds as above provided, shall be cancelled and destroyed in the manner now provided by law. warrants to SEC. 3. The parties purchasing such warrants and their assigns Purchasers of are hereby authorized in behalf of this state to locate the same upon locate the same. any vacant and unappropriated lands belonging to the United States within the state of California subject to such location, but no such location shall be made unless it be made in conformity to the law of congress, which law provides that not less than three hundred and twenty acres shall be located in a body. entered in the of county. SEC. 4. Lands thus located shall be run off by a line north and Lands must be south, and east and west, and shall be sufficiently designated by lines office of the clerk and distances, corners, or posts as the case may be, and an entry made thereof in the office of the clerk of the county court of the county in which such lands shall be located. possession. SEC. 5. The location made of the lands belonging to the United Right of States as aforesaid, shall secure to the purchaser the right of possession to the land embraced within said survey until such time as the government survey shall have been made, after which, said lines shall be made to conform to the lines of sections, quarter sections, and fractional sections of said government survey, and in the event that two or more persons shall have made a location on the same sec- Two persons tion, quarter section, or fractional section, then, and in that event, the land. person whose location embraces the largest portion of said section, quarter section or fractional section, shall be first entitled to said location of the same. claiming same SEC. 6. If in the survey to be hereafter made by the general gov- Improvements. ernment it should so happen that the improvement made by any person purchasing and locating lands under this act, shall not compose the larger part of the first survey, then, and in that case, the party may, if they prefer it, retain that portion which has upon it their buildings and improvements, although it be the smaller portion of said section, quarter section, or fractional section: Provided, nothing Appropriated herein contained shall authorize such location upon any lands heretofore granted by this state, or by the general government, or on lands at the time of such survey and location, actually occupied and improved by actual settlers, unless such location be made by the owner of such improvements, not to exceed six hundred and forty acres lands excepted. Mexican or Spanish grants. Occupants to have the preference. Errors in locating under this act by any one person: Provided, also, that nothing herein contained shall prejudice the ownership or possession of any lands at the time of said survey and location held or claimed under grants from the Mexican or Spanish governments, and, Provided, moreover, that at the time of making such location the first settler, or owner of any improvements situated on the tract proposed to be located shall in all cases have the preference. SEC. 7. In the event that any location of lands be made under and may be remedied. by the provisions of this act, upon lands supposed to belong to the United States, which should prove to be land not the property of the United States, then and in that case the party owning such land warrant or warrants, may float the same upon any other public lands in the state of California: Provided, the float and the reasons therefor be made a matter of record at the time in the office where the original location was recorded. Duties of the comptroller. Revenue to form a general fund. SEC. 8. The comptroller shall keep an accurate account of the quantity of land thus disposed of in accordance with the provisions of the foregoing sections, and the amounts received by the treasurer, charging the several sums thus received to the treasurer, which sum or sums shall be set aside for a general fund to meet the liabilities of the state. SEC. 9. The interest upon the sum thus realized by the sale of the for the support five hundred thousand acres of land granted to this state by act of congress, shall be and the same is hereby set apart as a permanent fund for the support of schools in accordance with the constitution of the state of California. The interest appropriated of schools. Surveys to be made by county surveyors The clerk of the county court shall make a record. Duties of county surveyors and SEC. 10. Lands located under the provisions of this act, shall be surveyed by the county surveyor in each county where the location is made, who shall give a certificate setting forth the bounds and the number of acres contained in such survey, and shall receive for his services such fees as are now or may hereafter be provided by law. (1) SEC. 11. The clerk of the county court shall make a record of all certificates of land located under the provisions of this act, which may have been run off by the proper officer, and shall be entitled to receive from the owner of such location three dollars for such service. SEC. 12. The county surveyor of the respective counties of this fines for neglect state at the end of every three months from the taking effect of this act, shall make out and forward to the office of the surveyor general of the state, without fee for the same, a duplicate copy of each plat of same. (1) For act concerning county surveyors, see ante, p. 130. or survey and certificate of the location of any land warrant made under the provisions of this act, in their respective counties, and for failure so to do shall be liable to a fine of not less than five hundred or more than five thousand dollars, recoverable before any court of competent jurisdiction on the complaint of any person or persons in interest. (1) credited to the seven per cent. SEC. 13. The interest to be credited to the school fund on all Interest to be moneys received into the state treasury under the provisions of this school fund at act, shall be calculated at the rate of seven per centum per annum, per annum. until the legislature shall otherwise direct. SEC. 14. So soon as the lands which may be located under and by The governor to issue patents. virtue of the provisions of this act, shall have been surveyed by the United States and such locations are made to conform thereto, the governor of this state shall cause patents to be issued in such manner and form as the legislature may hereafter direct. purchase more SEC. 15. No person shall be permitted to purchase, under this act, No person shall warrants for more than six hundred and forty acres, and shall before than 640 acres. purchasing one of said warrants deposit with the comptroller an affi- Affidavit. davit setting forth that he wants said lands for the purpose of making a permanent settlement thereon. cate warrants on SEC. 16. It shall not be lawful to locate any of said warrants Unlawful to loupon the land within the limits of any town now surveyed or laid any lands within off. town limits. of act. SEC. 17. This act to take effect and be in force from and after the Commencement first day of June, one thousand eight hundred and fifty-two. CHAPTER CLXVIII. AN ACT providing a Fund for the use of a State Library. (2)— [Passed May 1, 1852.] The People of the State of California, represented in Senate and be paid for. SECTION 1. That each and every officer of this state, civil and mili- Commissions to tary, commissioned by the governor, shall, on receipt of his commission, before entering on the duties of his office, pay to the secretary of state, (1) For act concerning county surveyors, see ante, p. 130. (2) For act concerning state librarian, see ante, p. 132. For supplemental act, see next chapter. |