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1 July 1864.

surveyed; and shall retain in his office, for public inspection, the survey and plat until Flats to be open ninety days from the date of the first publication in San Francisco shall have expired; to inspection. and if no objections are made to said survey, he shall approve the same, and transmit Copies to be sent a copy of the survey and plat thereof to the commissioner of the general land office at to Washington. Washington, for his examination and approval; but if objections are made to said survey, within the said ninety days, by any party claiming to have an interest in the tract embraced by the survey, or in any part thereof, such objection shall be reduced to writing, stating distinctly the interest of the objector, and signed by him or his attor ney, and filed with the surveyor-general, together with such affidavits or other proofs as he may produce in support of the objections. At the expiration of said ninety days, the surveyor-general shall transmit to the commissioner of the general land office at Washington, a copy of the survey and plat, and objections and proofs filed with him in support of the objections, and also of any proofs produced by the claimant and filed with him in support of the survey, together with his opinion thereon; and if the survey and plat are approved by the said commissioner, he shall endorse thereon a certificate of his approval. If disapproved by him, or if, in his opinion, the ends of justice would be subserved thereby, he may require a further report from the surveyor-general of California, touching the matters indicated by him, or proofs to be taken thereon, or may direct a new survey and plat to be made. Whenever the objections are disposed of, or the survey and plat are corrected, or a new survey and plat are made in conformity with his directions, he shall endorse upon the survey and plat When patents to adopted his certificate of approval. After the survey and plat have been, as herein

Powers of comInissioner of the land office.

issue.

Ibid. 2.

To apply to all surveys not already approved.

Ibid. 3.

termined.

before provided, approved by the commissioner of the general land office, it shall be the duty of the said commissioner to cause a patent to issue to the claimant, as soon as practicable after such approval.

27. The provisions of the preceding section shall apply to all surveys and plats by the surveyor-general of California heretofore made, which have not already been approved by one of the district courts of the United States for California, or by the commissioner of the general land office: Provided, That where proceedings for the correction or confirmation of a survey are pending on the passage of this act, in one of the said district courts, it shall be lawful for such district court to proceed and complete its examination and determination of the matter, and its decree thereon shall be subject to appeal to the circuit court of the United States for the district, in like manner and with like effect, as hereafter provided for appeals in other cases to the circuit court; and such appeals may be in like manner disposed of by said circuit court.

28. Where a plat and survey have already been approved or corrected by one of the Appeals, how de district courts of the United States for California, and an appeal from the decree of approval or correction has already been taken to the supreme court of the United States, the said supreme court shall have jurisdiction to hear and determine the appeal. But where from such decree of approval or correction, no appeal has been taken to the supreme court, no appeal to that court shall be allowed, but an appeal may be taken, within twelve months after this act shall take effect, to the circuit court of the United States for California, and said circuit court shall proceed to fully determine the matter.(a) The said circuit court shall have power to affirm or reverse or modify the action of the district court, or order the case back to the surveyor-general for a new survey. When the case is ordered back for a new survey, the subsequent survey of the surveyor-general shall be under the supervision of the commissioner of the general land office, and not of the district or circuit court of the United States.

Resurveys.

Ibid. ? 4.

transmitted to the circuit court.

29. Whenever the district judge of any one of the district courts of the United States When case to be for California is interested in any land, the claim to which, under the said act of March 3d 1851, is pending before him, on appeal from the board of commissioners created by said act, the said district court shall order the case to be transferred to the circuit court of the United States for California, which court shall thereupon take jurisdiction and determine the same. (b) The said district courts may also order a transfer to the said circuit court of any other cases arising under said act, pending before them, affecting the title to lands within the corporate limits of any city or town, and in such cases both the district and circuit judges may sit.

to be surveyed.

Ibid. 26. 30. It shall be the duty of the surveyor-general of California to cause all the private Confirmed claims land claims finally confirmed to be accurately surveyed and plats thereof to be made, whenever requested by the claimants: Provided, That each claimant requesting a survey and plat shall first deposit in the district court of the district within which the land is situated, a sufficient sum of money to pay the expenses of such survey and plat, and appeal lies to the supreme court. United States v. Circuit Judges, 3 Wall. 673.

(a) See infra 32.
(b) This is in the nature of a proceeding in equity, and an

of the publication required by the first section of this act. Whenever the survey and plat requested shall have been completed and forwarded to the commissioner of the general land office, as required by this act, the district court may direct the application of the money deposited, or so much thereof as may be necessary, to the payment of the expenses of said survey and publication.

1 July 1864.

Ibid. 27.

31. It shall be the duty of the surveyor-general of California, in making surveys of the private land claims finally confirmed, to follow the decree of confirmation as closely surveys to follow as practicable, whenever such decree designates the specific boundaries of the claim. decree. But when such decree designates only the out-boundaries within which the quantity confirmed is to be taken, the location of such quantity shall be made, as near as practicable, in one tract and in a compact form. And if the character of the land, or intervening grants, be such as to render the location impracticable in one tract, then each separate location shall be made, as near as practicable, in a compact form. And it shall be the duty of the commissioner of the general land office to require a substantial compliance with the directions of this section, before approving any survey and plat forwarded to him.(a)

14 Stat. 221.

lated.

32. From the decrees of the district courts of the United States for the district of 23 July 1866 9. 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 Appeals reguthe period of one year after the entry of such decrees, to the circuit court of the United States for California, as provided by section three of the act of July 1st 1864,(b) to expedite the settlement 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.

V. LAND OFFICES.

11 Stat. 262.

tricts.

33. That the president of the United States be and he is hereby authorized to estab- 20 March 1858 31 lish additional land districts, in his discretion, not exceeding three, in the state of California, and to fix, from time to time, the boundaries thereof, as the public interest Additional dismay require; which districts shall, respectively, be named after the places at which the offices shall first be established. And the president shall be authorized here- Powers of the after, from time to time, as circumstances may require, to adjust the boundaries of president. any and all of the land districts in said state, and remove the offices when the same shall be expedient.

Ibid. 2.

34. The president is hereby authorized to appoint, by and with the advice and consent of the senate, or during the recess thereof and until the end of the next ensuing Registers and resession, a register and a receiver for each of said additional districts, who shall, respect- ceivers. ively, be required to reside at the site of the offices, shall be subject to the same laws and responsibilities, and whose compensation shall be the same as is now prescribed by law for other land offices in that state.

VI. PUBLIC ARCHIVES.

11 Stat. 289.

Public archives and deposited in

to be collected,

ral's office.

35. It shall be the duty of the secretary of the interior to cause to be collected and 18 May 1858 § 1. deposited in the surveyor-general's office in California, all official books, papers, instruments of writing, documents, archives, official seals, stamps or dies, that may be found in the unauthorized possession of any individual, relating to and used in the administration of government and public affairs in the department of Upper California, and surveyor-genewhich belonged to the government during the existence of Spanish or Mexican authority in Upper California; and the same, when deposited in his office, shall be safely and securely kept by the surveyor-general in the archives of his office; and copies thereof, Certified copies authenticated by the surveyor-general under the seal of his office, shall be evidence in to be evidence. all cases where the originals would be evidence: Provided, That at the time of depositing said books, papers, writings and documents in said archives, a schedule and accu- Schedule to be rate description thereof shall be made by the surveyor-general, with a statement of the time and place where the same were found, and when they were deposited in the archives, which shall be certified under the seal of the surveyor-general, and filed in And copy transhis office; and a certified copy of said schedule shall be transmitted to the commis- mitted to general land office, &c., sioner of the general land office, and also to the attorney-general.

made.

to issue.

36. If the surveyor-general shall have cause to suspect a concealment of any such Ibid. § 2. official books, papers, writings, documents, archives, or official seals, stamps or dies If concealed, aforesaid, in any particular dwelling-house, building or place, any judge or commis- search warrant sioner of the United States may, on affidavit showing the facts and circumstances upon which such suspicions are founded, grant to the surveyor-general, or to any marshal (b) Supra 28.

(a) See supra 20.

18 May 1858.

Ibid 3.

Punishment for abstracting, mucealing such re

tilating or con

cords.

Ibid. 4.

of the United States, a warrant to enter such house, building or place, and there to search for such official books, papers, writings, documents, archives, seals, stamps or dies, and to take possession thereof and deposit them in the archives of the surveyorgeneral's office as aforesaid.

37. If any person shall, without lawful authority, wilfully take from the archives of the said surveyor-general's office any espediente, map, diseño, book, paper, writing, record, document, seal, stamp or die; or shall wilfully alter, deface, mutilate, injure or destroy any espediente, book, paper, map, diseño, instrument of writing, document, record, seal, stamp or die deposited in said archives; or shall conceal or unlawfully withhold from the possession of the surveyor-general, or on demand refuse to deliver to him any espediente, map, diseño, official book, paper, writing, document, archive, record, seal, stamp or die, relating to or used in the administration of government in the department of Upper California, and belonging to the government during the existence of Spanish or Mexican authority in said department; or shall wilfully alter, deface, mutilate, make away with or destroy any such official book, espediente, map, diseño, paper, writing, document, archive, record, seal, stamp or die; the person so offending shall be deemed guilty of a misdemeanor, and on conviction thereof in any court of competent jurisdiction, shall forfeit and pay a fine, not exceeding ten thousand dollars, at the discretion of the court, and be imprisoned for a term not exceeding ten years, at the like discretion.

38. If any person shall wilfully, secretly and fraudulently place or cause to be placed Punishment for in or among the archives of the surveyor-general's office, any espediente, book, paper, interpolating diseño, map, draught, record or any instrument of writing purporting to be a petition, false records in the public ar- decree, order, report, concession, grant, confirmation, map, diseño, espediente or part chives. of an espediente, denouncement, title-paper or evidence of right, title or claim to any land, mine or mineral, or any book, writing, paper or document whatever, the person so offending shall be deemed and adjudged guilty of a misdemeanor, and upon conviction thereof by any court of competent jurisdiction, shall forfeit and pay a fine not exceeding five thousand dollars, and be imprisoned for a term not exceeding three years, or be both fined and imprisoned within said limits, at the discretion of the court.

2 June 1862 21. 12 Stat. 411.

VII. COLLECTION DISTRICTS.

39. The collection districts of Monterey, San Diego, Sacramento, Sonoma, San Joaquin and San Pedro, heretofore established by law, are hereby abolished, and the same Certain districts attached to the collection district of San Francisco; and there shall be appointed, in the usual manner, an inspector at each of the following places: Monterey, San Diego, Sacramento, Benicia, Stockton, San Pedro; and the salary of each of the said inspectors shall be one thousand dollars per annum.

abolished and attached to San Francisco.

Inspectors to be appointed.

Ibid. 2.

Compensation of officers of customs.

Office of additional appraiser-ge

neral abolished.

40. The annual compensation of the collector of the customs for the district of San Francisco shall be six thousand dollars; of the naval officer, four thousand five hundred dollars; of the surveyor, four thousand dollars; of the principal appraisers, twentyfive hundred dollars each; and of the assistant appraisers, two thousand dollars each. And the office of an additional appraiser-general to be employed on the Pacific coast, created by the act of congress entitled "An act making appropriations for the civil and diplomatic expenses of the government for the year ending the 30th of June 1854," approved March 3d 1853, be and the same is hereby abolished.

2 March 1867 7. 41. That the deputy-surveyor at the port of San Francisco be paid the same compensation annually that is now paid to the deputy-collector at said port.

14 Stat. 470.

5 May 1860 1. 12 Stat. 14.

Clerks in the census office.

Census.

1. Clerks in the census office.

1. There may be employed in the census office one chief clerk, and, at the discretion of the secretary of the interior, such other clerks of the first class as the requirements of the service may demand, of whom the secretary may advance from time to time, not more than ten to the second class, nine to the third class, and six to the fourth class.

Circuit Courts.

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15. When suits may be removed from state to circuit courts by one of several defendants. Security to be entered. Attachment not to be dissolved by removal. Effect of removal by one of several defendants.

16. Actions against takers of abandoned property may be removed. If the acts were done by direction of the executive. 17. Certain actions may be removed when, from local prejudice, &c., justice cannot be had in the state court.

18. Actions against corporations may be removed.

19. Suits for acts done by public officers during the rebellion may be removed. 20. Act of 1863 extended to common carriers, in certain cases. Not to affect war risks.

III. MISCELLANEOUS PROVISIONS.

21. In case of disability, any other circuit judge may hold the court.

22. Retransfer of causes may be ordered. How tried. How vacancies in office of marshal or district attorney may be temporarily filled. Bonds of clerks and marshals.

23. Parties may waive jury trial. Trial of issues of fact by the court regulated. Bills of exception.

I. ORGANIZATION OF THE CIRCUIT courts.

14 Stat. 209.

States divided into nine cir

1. The first and second circuits shall remain as now constituted; the districts of 23 July 1866 ? 2. Pennsylvania, New Jersey and Delaware shall constitute the third circuit; the districts of Maryland, West Virginia, Virginia, North Carolina and South Carolina shall constitute the fourth circuit; the districts of Georgia, Florida, Alabama, Mississippi, cuits. Louisiana and Texas shall constitute the fifth circuit; the districts of Ohio, Michigan, Kentucky and Tennessee shall constitute the sixth circuit; the districts of Indiana, Illinois and Wisconsin shall constitute the seventh circuit; the districts of Minnesota, Iowa, Missouri, Kansas and Arkansas shall constitute the eighth circuit; and the districts of California, Oregon and Nevada shall constitute the ninth circuit. (a)

14 Stat. 433.

circuit judges.

2. The chief justice of the United States and the associate justices of the supreme 2 March 1867 1. court shall be allotted among the circuits now existing by order of the court; and whenever a new allotment shall be required or found expedient by reason of altera- Allotments of tion of one or more circuits, or of the new appointment of a chief justice or associate justice, or otherwise, it shall be the duty of the court to make the same; and if a new allotment shall become necessary at any other time than during the term, such allotment shall be made by the chief justice, and shall be binding until the next term, and until a new allotment by the court.

16 Stat. 44.

Circuit judges to
be appointed.
By whom circuit

courts may be

holden.

3. For each of the nine existing judicial circuits there shall be appointed a circuit 10 April 1869 ₹ 2 judge who shall reside in his circuit, and shall possess the same power and jurisdiction therein as the justice of the supreme court allotted to the circuit. The circuit courts in each circuit shall be held by the justice of the supreme court allotted to the circuit, or by the circuit judge of the circuit, or by the district judge of the district sitting alone, or by the justice of the supreme court and circuit judge sitting together, in which case the justice of the supreme court shall preside, or in the absence of either of them by the other (who shall preside) and the district judge. And such courts may be held at the same time in the different districts of the same circuit, and cases may be heard and tried by each of the judges holding any such court sitting apart, by direction of the presiding justice or judge, who shall designate the business to be done by Salaries of cir each. The circuit judges shall each receive an annual salary of five thousand dollars. cuit judges. 4. Nothing in this act shall affect the powers of the justices of the supreme court as judges of the circuit courts, except in the appointment of clerks of the circuit courts, Appointment of who, in each circuit, shall be appointed by the circuit judge of that circuit; and the clerks of circuit clerks of the district courts shall be appointed by the judges thereof respectively: Provided, That the present clerks of said courts shall continue in office till other appointments be made in their place, or they be otherwise removed.

5. It shall be the duty of the chief justice and of each justice of the supreme court to attend at least one term of the circuit court in each district of his circuit during every period of two years.

(a) See acts 15 July 1862, 12 Stat. 576, and 3 March 1863, 12 Stat. 794, abolishing the circuit court powers of the district

Ibid. § 3.

courts.

Ibid. § 4.

courts. But see tit. "Bankruptcy" 6, as to their circuit court powers in bankruptcy.

8 March 1863 25. 12 Stat. 756.

Actions against

officers may be removed to the circuit courts.

Proceedings for

removal.

II. REMOVAL OF CAUSES FROM THE STATE COURTS. (a)

6. If any suit or prosecution, civil or criminal, (b) has been or shall be commenced in any state court against any officer, civil or military, or against any other person, for civil or military any arrest or imprisonment made, or other trespasses or wrongs due or committed, or any act omitted to be done, at any time during the present rebellion, by virtue or under color of any authority derived from or exercised by or under the president of the United States, (c) or any act of congress, and the defendant shall, at the time of entering his appearance in such court, or if such appearance shall have been entered before the passage of this act, then at the next session of the court in which such suit or prosecution is pending, (d) file a petition stating the facts (e) and verified by affidavit, for the removal of the cause for trial at the next circuit court of the United States, to be holden in the district where the suit is pending, and offer good and sufficient surety for his filing in such court, on the first day of its session, copies of such process and other proceedings against him, and also for his appearing in such court and entering special bail in the cause, if special bail was originally required therein. It shall then be the duty of the state court to accept the surety and proceed no further in the cause or prosecution, and the bail that shall have been originally taken shall be discharged. And such copies being filed as aforesaid in such court of the United States, the cause shall proceed therein in the same manner as if it had been brought in said court by original process, whatever may be the amount in dispute or the damages claimed, or whatever the citizenship of the parties, any former law to the contrary notwithstanding. And any attachment of the goods or estate of the defendant by the original process shall hold the goods or estate so attached to answer the final judgment, in the same manner as by the laws of such state they would have been holden to answer final judgment, had it been rendered in the court in which the suit or prosecution was commenced.

Appeals from final judgments.

in the circuit court.

Powers of the circuit courts.

7. And it shall be lawful in any such action or prosecution, which may be now pending, or hereafter commenced, before any state court whatever, for any cause aforesaid, after final judgment, for either party to remove and transfer, by appeal, such case, during the session or term of said court at which the same shall have taken place, from such court to the next circuit court of the United States to be held in the district in which such appeal shall be taken in manner aforesaid. And Record to be filed it shall be the duty of the person taking such appeal to produce and file in the said circuit court attested copies of the process, proceedings and judgment in such cause; and it shall also be competent for either party, within six months after the rendition of a judgment in any such cause, by writ of error or other process, to remove the same to the circuit court of the United States of that district in which such judgment shall have been rendered; and the said circuit court shall thereupon proceed to try and determine the facts and the law in such action, in the same manner as if the same had been there originally commenced, the judgment in such case notwithstanding. And any bail which may have been taken, or property attached, shall be holden on the final judgment of the said circuit court in such action, in the same manner as if no such removal and transfer had been made as aforesaid. And the state court, from which any such action, civil or criminal, may be removed and transferred as aforesaid, upon the parties giving good and sufficient security for the prosecution thereof, shall allow the same to be removed and transferred, and proceed no further in the case: Provided, however, That if the party aforesaid shall fail duly to enter the removal failure to perfect and transfer as aforesaid, in the circuit court of the United States, agreeably to this act, the state court, by which judgment shall have been rendered, and from which the transfer and removal shall have been made as aforesaid, shall be authorized, on motion for that purpose, to issue execution, and to carry into effect any such judgment, the same as if no such removal and transfer had been made: And provided also, That no such appeal or writ of error shall be allowed in any criminal action or prosecution, where final judgment, shall have been rendered in favor of the defendant or respondent by the state court. And if in any suit hereafter commenced the plaintiff is nonsuited or judgment pass against him, the defendant shall recover double costs.

Proceedings on

removal.

Costs.

Ibid. 26. Appeals to supreme court.

8. Any suit or prosecution described in this act, in which final judgment may be rendered in the circuit court, may be carried by writ of error to the supreme court, whatever may be the amount of said judgment.

(a) See tit. "Citizenship" 3. (b) The act makes no provision for the trial of a criminal case, after removal to the circuit court, nor is any power given to that court to punish in case of conviction; the law is therefore inope rative in criminal cases. The People v. Murray, N. Y. Herald, 7 July 1864.

(e) See Hodgson v. Millward, 3 Grant 412.

(d) A canse in which a verdict has been rendered, but no judg ment entered thereon, is pending within the meaning of the act,

and removable into the circuit court under this section. Hodgson
v. Millward, 3 Grant 412, 418. A criminal prosecution cannot be
removed, before indictment found. Commonwealth v. Artman, 3
Grant 436. In State of Ohio v. Bliss, 3 Grant 427, this act was
held to be unconstitutional. But the contrary was decided. in
Pennsylvania, in Kulp v. Ricketts. 3 Grant 420; and in Indiana,
in McCormick v. Humphreys, 15 Am. L. R. 552,
(e) See Kulp v. Ricketts, 3 Grant 420.

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