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the granting of pre-emption rights therein, and for other purposes," approved March 3, 1853, shall be construed as giving the state of California the right to select for school purposes other lands in lieu of the 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 private land 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 lands; and in case of Spanish or Mexican grants, when the final survey of such grants shall have been made. The surveyor general of 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.

$399. And be it further enacted, That where persons in good faith and for a valuable consideration have purchased lands of Mexican grantees or assigns, which grants have subsequently been rejected, or where the lands so purchased have been excluded from the final survey of any Mexican grant, and have used, improved, and continued in the actual possession of the same, as according to the lines of their original purchase, and no valid adverse right or title (except of the United States) exists, such purchaser may purchase the same after having such land 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 section shall not be applicable to the city and county of San Francisco; and 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 recognize existing lines of subdivisions.

§ 400. And be it further enacted, That in all cases where a claim to land by virtue of a right or title derived through Spanish or Mexican authorities has been finally confirmed, and a

survey and plat thereof shall not have been requested within ten months from the passage of this act, as provided by sections 6 and 7 of the act of July 1, 1864, "to expedite the settlement of titles to land 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 laud, 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 shall be subject to the general land laws of the United States; provided, that nothing in this act shall be construed so as in any manner to interfere with the rights of bona fide pre-emption claimants.

§ 401. And be it further enacted, That from the decrees of the district courts of the United States for the district of California, approving or correcting the surveys of private land claims under Spanish or Mexican grants, rendered after the first day of July, 1865, an appeal shall be allowed for the period of one year after the entry of such decrees, to the circuit court of the United States for California, as provided by section 3 of the act of July 1, 1864, "to expedite the settlements of titles to land in the state of California," and the decision of the circuit court shall be final; provided, however, that from decrees of the district courts as aforesaid, made after July 1, 1865, and prior to the passage of this act, an appeal may be taken to the United States circuit court for the state of California within one year from the approval of this act.

Approved, July 23, 1866.

CHAPTER XX.

GENERAL GRANTS TO STATES AND TERRI

§ 402.

Grant to New States.

§ 403.

§ 404.

TORIES.

Selections and Locations of Lands Granted in Last Section.

Grant of Swamp and Overflowed Lands to Certain States to Aid in
Construction of Levees, etc.

§ 405. Secretary of Interior to Make Lists of Such Lands for Transmission to the Governors of the States.

§ 406.

§ 407.

§ 408.

Legal Subdivisions, Mostly Wet and Unfit for Cultivation.
Indemnity to States where Lands have been Sold by United States.
Patents to Issue for Swamp Lands to Purchasers and Locators Prior
to Issuing of Patents to States, etc.

§ 409.

Selections of Swamp and Overflowed Lands Confirmed.

§ 410.

Swamp-land Grants to Oregon and Minnesota.

§ 411.

Public Lands not Mineral Granted to Each State for Purpose of Establishing Agricultural Colleges.

§ 412.

Agricultural College Scrip, to be Issued, when.

§ 413.

Expenses of Management, etc., to be Paid by States.

§ 414.

Proceeds of Sales, how Applied.

§ 415.

Conditions of Grant, Assent of States.

Diminution of Fund to be

Made up by State. Annual Interest to be Applied Regularly.

Funds to be Expended for Buildings.
Moneys Refunded to United States.
Computation when Double-minimum Lands are Selected. States
in Rebellion not Entitled to Benefit of Grant. Assent of States to

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Nevada may Select Double-minimum Lands not Mineral.

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Selections by Oregon Confirmed Except when Legally Appropriated.
Locations in Excess of Quantity Allowed, Confirmed.

§ 424.

Certain Excess Locations in Wisconsin Confirmed.

§ 425.

Reissue of Agricultural College Scrip.

§ 426.

Settlements before Survey on Sections 16 or 36, Deficiencies thereof.

§ 427. Selections to Supply Deficiencies of School Lands.

§ 428.

Fee Simple to Pass in All Grants of Land to States and Territories, when.

§ 429.

Certain States to be Paid Ten Per Cent. on Net Proceeds of Sales of
Public Lands therein, etc.

§ 430. After Deducting Said Ten Per Cent., etc., Residue to be Divided

among States of Union, how. To be Applied as Legislature may Direct.

§ 431. Net Proceeds of Sales of Public Lands Payable at the Treasury Half Yearly, to Whom.

§ 432.

Money Due to be First Applied to Payment of Debts to United States.
Length of Continuation of this Grant.

§ 433. § 434. § 435.

Not Less than $150,000 to be Appropriated Annually for Surveys.
Amount Due on State Stocks Held by United States in Trust, to be
Withheld in Case of Default of Principal or Interest.

$402. Grant to New States.-There is granted for purposes of internal improvement, to each new State hereafter admitted into the Union, upon such admission, so much public land as, including the quantity that was granted to such state before its admission and while under a territorial government, will make 500,000 acres.

5 Stat. 455; R. S. 2378.

§ 403.. Selections and Locations of Lands Granted in Last Section. The selections of lands, granted in the preceding section, shall be made within the limits of each state so admitted into the Union, in such manner as the legislatures thereof, respectively, may direct; and such lands shall be located in parcels conformably to sectional divisions and subdivisions of not less that 320 acres in any one location, on any public land not reserved from sale by law of congress or by proclamation of the president. The locations may be made at any time after the public lands in any such new state have been surveyed according to law. 5 Stat. 455; R. S. 2379.

$ 404. Grant of Swamp and Overflowed Lands to Certain States to Aid in Construction of Levees, etc.-To enable the several states (but not including the states of Kansas, Nebraska, Nevada, and Colorado) to construct the necessary levees and drains, to reclaim the swamp and overflowed lands therein-the whole of the swamp and overflowed lands, made unfit thereby for cultivation, and remaining unsold on or after the twentyeighth day of September, A. D. 1850, are granted and belong to the several states respectively, in which said lands are situated; provided, however, that said grant of swamp and overflowed lands, as to the states of California, Minnesota, and Oregon, is subject to the limitations, restrictions, and conditions. hereinafter named and specified, as applicable to said three lastnamed states, respectively.

9 Stat. 520; 12 Id. 3; 18 Id. 16; R. S. 2479.

§ 405. Secretary of the Interior to Make Lists of Such Lands

for Transmission to the Governors of the States.-It shall be the duty of the secretary of the interior to make accurate lists and plats of all such lands, and transmit the same to the governors of the several states in which such lands may lie, and at the request of the governor of any state in which said swamp and overflowed lands may be, to cause patents to be issued to said state therefor, conveying to said state the fee simple of said land. The proceeds of said lands, whether from sale or by direct appropriation in kind, shall be applied exclusively, as far as necessary, to the reclaiming said lands, by means of levees and drains.

9 Stat. 519; R. S. 2480.

§ 406. Legal Subdivisions, Mostly Wet and Unfit for Cultivation. In making out lists and plats of the lands aforesaid, all legal subdivisions, the greater part whereof is wet and unfit for cultivation, shall be included in said lists and plats; but when the greater part of a subdivision is not of that character, the whole of it shall be excluded therefrom.

9 Stat. 519; R. S. 2481.

§ 407. Indemnity to States where Lands have been Sold by United States.—Upon proof by the authorized agent of the state, before the commissioner of the general land office, that any of the lands purchased by any person from the United States, prior to March 3, 1857, were "swamp lands," within the true intent and meaning of the act entitled "An act to enable the state of Arkansas and other states to reclaim the swamp lands within their limits," approved September 28, 1850, the purchase money shall be paid over to the state wherein said land is situate; and when the lands have been located by warrant or scrip, the said state shall be authorized to locate a like quantity of any of the public lands subject to entry, at $1.25 per acre, or less, and patents shall issue therefor. The decision of the commissioner of the general land office shall be first approved by the secretary of the interior.

10 Stat. 634, 635; 11 Id. 251; R. S. 2482.

§ 408. Patents to Issue for Swamp Lands to Purchasers and Locators Prior to Issuing of Patents to States, etc.-The president of the United States shall cause patents to be issued to the purchaser or purchasers, locator or locators, who made entries of the public lands claimed as swamp lands, either with cash or land warrants, or scrip, or under any homestead or pre-emption laws prior to the issue of patents to the state or states;

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