§ 3411. Surveyor-general to represent state in contests relating to lands. Place of taking testimony to be fixed. 3412. 3413. § 3414. Attorney-general, attendance. Traveling expenses. Contest as to approval of surveys, etc., how disposed of. Limitations. Duty of county surveyor upon application for survey. [Repealed.] Same. [Repealed.] Upon refusal of county surveyor to make survey, surveyor-general may appoint. [Repealed.] § 3421. Surveys to be made in accordance with the instructions of surveyor-general. [Repealed.] County treasurers to retain moneys received for swamp-lands. Compensation of county treasurer and auditor. Instructions and forms. [Repealed.] The register § 3395. Register to keep certain accounts and records. 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. State land-office: Ante, §§ 350, 497. 1. Surveyor-general is ex officio register of: 2. Deputy surveyor-general ex officio deputy register of: Ante, §§ 350, 497. 3. Duties of register of, referred to as being prescribed in this title: Ante, § 498. 4. Clerks for register of: Ante, § 343. 5. Salary of clerks: Ante, § 500. 6. Fees of register of: Ante, § 501. 7. Bond of register of: Ante, § 502. Legislation § 3395. Enacted March 12, 1872; based on Stats. 1867-68, p. 508, § 3. § 3396. Must keep plats, and note locations thereon. He must also keep plats of such lands, upon which all approved locations and surveys must be designated by their numbers. Legislation § 3396. Enacted March 12, 1872; based on Stats. 1867-68, p. 508, § 3. § 3397. Must note on plats the issuing of certificates or patents. When certificates of purchase or patents are issued, the fact must be noted on the plats. Payments, certificates of purchase and patents: Post, §§ 3512-3523. Legislation § 3397. Enacted March 12, 1872; based on Stats. 1867–68, p. 508, § 3. § 3398. Surveyor-general location agent for state. The surveyor-general is the general agent of the state for the location in the United States land offices of the lands desired to be selected and located in lieu of the sixteenth and thirty-six sections granted to the state for the use of the public schools, and in lieu of any and all losses sustained by the state to its school grant, whenever he is authorized by law to make such location or locations, or whenever for any reason he is authorized to select lands in lieu of grants made to the state; but no such selection or reselection, designation or redesignation or amended selection shall hereafter in any manner be made, except upon the surrender to the surveyor-general, as in this article provided, of a certificate of indemnity or scrip. The surveyor-general shall not perfect or amend or correct any selection, re-selection, amended selection, designation or redesignation made on or before March 24, 1909, or take any action whatever in relation thereto or thereon, unless the request therefor is accompanied by certificates of indemnity or scrip equal in acreage to the selected lands or the portion of such selection desired to be corrected, or amended or designated or redesignated, and, also, unless the said selection, reselection, amended selection, designation or redesignation was duly feceived by the register or receiver of the local United States land office, and given a register and receiver's number and duly forwarded to the general land office at Washington, D. C., and became and now is a part of the records of such general land office at Washington, D. C. No selection of any land for which a certificate of purchase is outstanding shall be made by the surveyor-general until the certificate of purchase issued therefor shall have been surrendered. Nothing herein contained shall be held or construed to mean that prior to the passage hereof the surveyor-general was authorized to perfect, or amend or correct any selection, reselection, amended selection, designation or redesignation, except upon the surrender to the surveyor-general, of a certificate of indemnity or scrip. [Amendment approved 1913; Stats. 1913, p. 47.] School lands: Post, §§ 3494-3503. Booth act. See act of Congress of March 3, 1853, 10 U. S. Stats., p. 244, for act reserving to California, for school purposes, the sixteenth and thirty-sixth sections of each township. Legislation 3398. 1. Enacted March 12, 1872; based on Stats. 1867–68, p. 510, § 11. 2. Amended by Stats. 1909, p. 680. 3. By Stats. 1911, p. 309. 4. By Stats. 1913, p. 47. § 3399. Agent at Washington. [Repealed 1874; Code Amdts. 1873-74, p. 139.] Legislation § 3399. 1. Enacted March 12, 1872; based on Stats. 1869-70, p. 572, § 1. 2. Repealed by Code Amdts. 1873-74, p. 139. § 3400. Qualification and residence of agent. [Repealed 1874; Code Amdts. 1873-74, p. 139.] Legislation § 3400. 1. Enacted March 12, 1872. 2. Repealed by Code Amdts. 1873-74, p. 139. § 3401. Duties of agent. [Repealed 1874; Code Amdts. 1873-74, p. 139:] Legislation § 3401. 1. Enacted March 12, 1872. 2. Repealed by Code Amdts. 1873-74, p. 139. § 3402. Compensation. Legislation § 3402. Amdts. 1873-74, p. 139. [Repealed 1874; Code Amdts. 1873-74, p. 139.] 1. Enacted March 12, 1872. 2. Repealed by Code § 3403. Mode of payment of agent. [Repealed 1874; Code Amdts. 1873-74, p. 139.] Legislation § 3403. 1. Enacted March 12, 1872. 2. Repealed by Code Amdts. 1873-74, p. 139. § 3404. Purchasers of lands must pay expenses of agency. [Repealed 1874; Code Amdts. 1873-74, p. 139.] Legislation § 3404. 1. Enacted March 12, 1872. 2. Repealed by Code Amdts. 1873-74, p. 139. § 3405. Surveyor-general to keep certain records. 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. Legislation § 3405. Enacted March 12, 1872. § 3406. Application for lands. If any applicant desires to purchase any of the lands mentioned in section three thousand three hundred and ninety-eight of the Political Code, such applicant shall, before filing with the surveyor-general the said application, properly prepare all papers and documents on the forms as prescribed by the surveyor-general, and the Department of the Interior, and shall also surrender the indemnity certificate or scrip which he desires the surveyor-general to use as bases for indemnity, and the surveyor-general shall, if said applicant complies with the provisions of this article and of law, thereupon communicate with the United States land offices and ask that the lands sought to be purchased be listed to the state in lieu of the bases named in the surrender certificate. The said applicant shall also pay to the surveyor-general at the time of the presentation of the application all fees required by the United States land offices for the said location, shall also furnish all county recorders' or other certificates as may be required, and shall pay for publication of any and all notices required by the United States land offices. The county recorder, upon the request of any person or his agent or attorney shall forthwith on the payment of the fees allowed by law, furnish the certificate herein required, or any other such certificate that may be required by the rules or regulations of the United States land office. [Amendment approved 1909; Stats. 1909, p. 681.] Legislation § 3406. 1. Enacted March 12, 1872; based on Stats. 186768, p. 510, § 12, as amended by Stats. 1869-70, p. 875, § 2. 2. Amended by Stats. 1909, p. 681. § 3406a. Bases for indemnity selections. All sixteenth and thirtysixth sections situated within the exterior boundaries of a permanent reservation, and also all losses sustained by the state to its school grants, shall be and constitute valid bases for indemnity selections, as contemplated by this article and by law, but said base shall only be available when sold and indemnity certificates or scrip issued therefor, and the surveyor-general is authorized and empowered to forward to the United States land offices selections based thereon and where based upon sur veyed school sections included within the exterior boundaries of perma nent reservations, if the lands applied for are finally listed to the state in lieu of such surveyed school sections constituting such bases, then, and in that event, the title of the state to such bases shall vest in the United States without further act on the part of the state and the title of the state to such bases shall be deemed to have been conveyed to the United States, as of the date of such listing. All selections heretofore made by the surveyor-general, and which are now pending before the land department of the United States, based upon surveyed school sections situated within the exterior boundaries of a permanent reservation, shall be, if accepted by the United States land department, deemed to be valid bases, and, upon the listing of such lands, the title of the state to such surveyed school sections shall pass to and vest in the United States. Legislation § 3406a. Added by Stats. 1909, p. 681. § 3407. Surveyor-general to approve application. When the surveyorgeneral shall receive from the register or receiver of the United States land office, or both, a notice to the effect that any indemnity school land selection has been filed and accepted, subject to future approval, the said surveyor-general shall, subject to the provisions of section 3498 of this code, approve the application in accordance with the said acceptance, and the register of the state land office must issue a certificate of purchase for the land sought by the applicant showing full payment therefor, if said selection was made upon the surrender of a certificate of indemnity or scrip, as provided in section 3406 of this code, otherwise he shall issue to the party applying a copy of his approval, requiring the payment of twenty per cent of the principal or the full purchase price. [Amendment approved 1911; Stats. 1911, p. 1415.] Legislation § 3407. 1. Enacted March 12, 1872. 2. Amended by Stats. 1909, p. 682. 3. By Stats. 1911, p. 1415. § 3408. When townships are surveyed. [Repealed 1876; Code Amdts. 1875-76, p. 57.] Legislation § 3408. 1. Enacted March 12, 1872. 2. Repealed by Code Amdts. 1875-76, p. 57. § 3408a. "Permanent reservation" defined. "Temporary reservation" defined. Within the intent and meaning of this article the words "permanent reservation" shall be deemed and held to signify, designate and apply only to a national reservation established by proclamation of the President of the United States; the words "temporary reservation" shall be deemed and held to signify, designate and apply to any and all withdrawals of public lands from entry, for any purpose, and lands within the exterior boundaries of such withdrawals, where the same shall have not become a permanent reservation by proclamation of the PresiIdent of the United States. Legislation § 3408a. Added by Stats. 1909, p. 682. § 3408b. Surrender of scrip. Lands reserved for indemnity selections. Sale of school sections. For the purpose of enabling the state to sell and issue certificates of indemnity or serip, as in this article provided, no person shall hereafter, except upon the surrender of an indemnity certifi cate or scrip as in this article provided, have the right to apply for or be entitled to designate or have selected or located for him by the surveyor general of the state in the United States land offices any lands in lieu of loss or losses to the state in or to any grant or grants heretofore or hereafter to be made to it by the United States, nor shail the surveyor-general make any indemnity selections or locations in the United States landoffices on behalf of any person, or at the request of any person, or at all, where the state may now or may hereafter be entitled to select lands by reason of the existence of any fact or reason now or hereafter entitling it to select or locate lands in the United States land-offices, except upon the surrender of an indemnity certificate or scrip as herein provided, and no selection or designation in any manner shall be made in lieu of any base or bases which may now or may hereafter exist, except upon the surrender of an indemnity certificate or scrip, whether the said right to select indemnity lands shall arise by reason of any lands granted to the state being subject to the claims of homestead or pre-emption settlers under the laws of the United States, or by reason of the sixteenth and thirty-sixth sections, or either, being mineral in character, or by reason of the same being included within any Indian, military or other reservation, or the exterior boundaries thereof, or by reason of deficiencies, where said sections, or either, are fractional in quantity, or where one or both are wanting by reason of the township being fractional, or by reason of any natural cause whatever, or by reason of the existence of any cause or fact whatsoever which, under the laws of the United States, may entitle the state to make indemnity selections. All sixteenth and thirty-sixth sections, both surveyed and unsurveyed, which may now or may hereafter be included within the exterior boundaries of a national reservation, or of a reserve, or within the exterior boundaries of lands withdrawn from public entry, shall be and are hereby withheld from sale by the state, and the same shall hereafter be used only as bases for indemnity selections as in this article provided. And whenever such land is withdrawn by authority of the United States, for any purpose, or placed within any reservation, or the exterior boundaries thereof, whether temporary or permanent, the said lands shall not thereafter be subject to purchase, entry or sale, or be or constitute base or bases for indemnity selections, except in the manner herein provided; and the surveyor-general is prohibited from receiving or filing any applica tion for any lands in place within any such reservation or the exterior boundaries thereof after the creation thereof, or after such lands have been withdrawn from public entry, and is likewise prohibited from designating or using any base or bases which may now or which may hereafter exist for indemnity selection or selections except as herein provided; and if any application shall be filed contrary to the provisions hereof, said application shall be null and void, and shall be canceled by the surveyor-general, and if the same shall have been filed through inadvertence or mistake, or if the surveyor-general shall, after the withdrawal of such lands from public entry, have received any application, by any applicant claiming the right to have the lands in said application described, selected or located in lieu of any of said lands so withdrawn from public entry, or by reason of any fact entitling the state to make an indemnity selection, the said application shall likewise be null and void, and the said applicant shall have no right to have the lands applied for by him selected in lieu of the lands designated by him, or in lieu of any lands in said reservation, or for any reason or fact whatso |