Powers and duties of license collectors. SEC. 2. The collector of licenses, chief deputy collector of licenses, and assistant deputy collectors of licenses of said city and county are hereby authorized, empowered, and required to collect all state and county licenses provided for and required by law to be collected within the limits of said city and county, in addition to the municipal licenses now required to be collected or which shall hereafter be required to be collected by them or either of them; and it shall be the duty of said collector of licenses, deputy collector of licenses, and assistant collectors of licenses to attend to the collection of licenses, and examine all places of business and persons liable to pay licenses, and to see that licenses are taken out and paid for. They shall each have and exercise, in the performance of their official duties, the same powers as police officers in serving process or summons and in making arrests; also, shall each have and exercise the power to administer such oaths and affirmations as shall be necessary in the discharge and exercise of their official duties; and they and each of them are hereby empowered to enter any place of business for which a license by law is provided and required, free of charge, at their pleasure, and to demand the exhibition of any license for the current time, from any person or firm, or corporation, engaged or employed in the transaction of any business for which a license is by law rendered necessary; and if such person, or firm, or corporation, or either of them, shall be unable, or refuse, or neglect, or fail to then and there exhibit such license, he, she, or they, as the case may be, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished as provided by section one of this act for punishment upon conviction of a misde meanor. Ordinances-City auditor. SEC. 3. The board of supervisors of the city and county of San Francisco shall have power, by ordinance, to license and regulate all such callings, trades, and employments as the public good may require to be licensed and regulated, and as are not prohibited by law, and shall have power to make all needful rules and regulations to govern the official conduct and duties of the collector of licenses, deputy collector of licenses, and the assistant collectors of licenses, who shall each hold office during the pleasure of the power appointing them (and who shall pursue no other calling or business), and to alter and amend the same from time to time in such manner as they may deem proper and for the public good, and to fix the amounts of the bonds to be required from the collector of licenses, and deputy collector of licenses, and assistant collectors of licenses. The auditor of said city and county is hereby authorized and required to deliver, from time to time, to the collector of licenses, as many of such municipal licenses as may be required; also, to deliver from time to time to said collector of licenses, for collection, such state and county licenses as may be required, and such as he shall have received from the controller of the state, and to sign the same and charge them to the collector of licenses receiving them, specifying in the charge the amounts thereof named in such licenses respectively, and the class of licenses, taking receipts therefor; and said collector shall proceed to collect the same, signing the same in lieu of the county treasurer; and he shall daily pay to the treasurer of the said city and county all moneys so collected for licenses sold, or by him received as fees; and shall, under oath, at least once in each calendar month, and oftener when required so to do by the auditor, make to the auditor a report of all such licenses sold and on hand, and of all amounts so paid to the county treasurer, in the same manner and upon the same conditions as by law the county treasurer heretofore has been required to make return thereof to the county auditor, and shall at such time exhibit to the auditor all unsold licenses in his hands and the treasurer's receipts for all moneys paid into the treasury; and all licenses so signed by the license collector or deputy license collector shall be as valid as if signed by the county treasurer. All fees so paid to him shall be placed to the credit of the special fee fund by the said treasurer. Appointments and salaries. SEC. 4. It is hereby made the duty of the mayor, the auditor, and the treasurer of said city and county, and they are hereby authorized and empowered to appoint, subject to confirmation by the board of supervisors of said city and county, one person as collector of licenses for the city and county of San Francisco, who shall receive a monthly salary of two hundred dollars, payable monthly; and the said collector of licenses is hereby authorized and empowered to appoint one deputy collector of licenses, who shall be paid a monthly salary of one hundred and fifty dollars, payable monthly, and three assistant collectors of licenses, who shall be paid each a monthly salary of one hundred and twenty-five dollars, payable monthly. Such license collector and deputies shall hold office during the pleasure of the board of supervisors. All salaries herein provided for shall be paid from the general fund in the same manner as the salaries of other city and county officers are paid. The assistant collectors of licenses and the deputy collector of licenses shall, under the direction and instructions of the collector of licenses, observing the form and rules and regulations prescribed by said collector and board of supervi sors, make to the said collector daily reports of duty performed and daily payments of money received for licenses and fees; and at the close of each month, and oftener when required by the collector of licenses, each shall make oath to the auditor that he has so paid over to the collector of licenses all such moneys, and a failure so to do shall be a cause for removal from office. Revoking licenses. SEC. 5. The police commissioners of the city and county of San Francisco are hereby authorized and empowered to revoke any licenses provided to be collected under the provisions of this act upon the conviction in the police judge's court of any person of disorderly or improper conduct, or any offense upon the premises of any person holding a license, or upon the conviction of the person holding said license of any offense which in the judgment of said commissioners ought to disqualify such person from holding such license. Duty of county treasurer. SEC. 6. It shall be the duty of the county treasurer to deliver to the collector of licenses, immediately upon this act taking effect, all papers, books, materials, and other property appertaining and belonging to the license department. And all acts or parts of acts requiring the county treasurer to collect licenses in the city and county of San Francisco, and all other acts or parts of acts, so far as they conflict with this act, are hereby repealed; provided, that nothing in this act contained shall curtail the clerical force in the office of the treasurer of the city and county of San Francisco during the term of office of the present incumbent. SEC. 7. This act shall take effect and be in force on and after the twentieth day subsequent to its passage. An Act in relation to the collection of licenses in Alameda county. [Approved March 14, 1878; 1877-8, 255.] This act made it the duty of constables to enforce the collection of licenses in their respective townships, etc. An Act concerning licenses in the county of San Benito. [Approved March 16, 1878; 1877-8, 272.] This act provided a new system of licenses for the county named, and repealed conflicting acts. An Act to facilitate and equalize the collection of licenses in the city and county of San Francisco. [Approved March 23, 1878; 1877–8, 442.] This act provided a scale of licenses for brokers, bankers, merchants, retail dealers, auctioneers, livery-stable keepers, and theaters in the city and county of San Francisco, and repealed conflicting acts. See this act construed in Ex parte Bernert, 62 Cal. 524. TITLE VIII. PROPERTY OF THE STATE. CHAPTER I. THE PUBLIC LANDS 3395 II. THE YOSEMITE VALLEY AND MARIPOSA BIG TREE GROVE. 3584 3596 CHAPTER I. THE PUBLIC LANDS. ARTICLE I. GENERAL PROVISIONS RESPECTING THE PUBLIC LANDS.... 3395 3440 III. SCHOOL LANDS... 3494 GENERAL PROVISIONS RESPECTING THE PUBLIC LANDS. 3395. Register to keep certain accounts and records. SEC. 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. Surveyor-general is register ex officio: is deputy register: Id. Salary of clerks: Sec. Sec. 350, 497. So also deputy surveyor-general 500. Fees: Sec. 501. 3396. Must keep plats, and note locations thereon. SEC. 3396. He must also keep plats of such lands, upon which all approved locations and surveys must be designated by their numbers. 3397. Must note on plats the issuing of certificates or patents. SEC. 3397. When certificates of purchase or patents are issued, the fact must be noted on the plats. Stats. 1868, 507. Payments, certificates of purchase, and patents: Secs. 3512, post, et seq. 3398. Surveyor-general to be state locating agent. SEC. 3398. The surveyor-general is the general agent of the state for the loca tion 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. Booth act: See act of congress, March 2, 1853, 10 U. S. Stats. 244, for the act reserving to California for school purposes the sixteenth and thirty-sixth sections of each township. The Booth act, passed March 1, 1877, by congress, and entitled "An act relating to indemnity school selections in the state of California," confirms, by its first section, to the state the title to the lands certified to it, known as school selections, which were selected in lieu of sixteenth and thirty-sixth sections lying within Mexican grants, of which grants the 3399-3404. Agents generally. Sections 3399, 3400, 3401, 3402, 3403, and 3404 were repealed by act approved January 19, 1874; Amendments 1873-4, 139. The reMaps, documents, and papers. final survey had not been made at the date of such selection by the state. A state selection made in lieu of a sixteenth or thirty-sixth sec tion is confirmed by the Booth act, when the land in lieu of which the selection was made was, at the time of the selection, within the final survey of a Mexican grant, and when the land selected was at the same time included within the claimed limits of a Mexican grant, although finally excluded therefrom: Martin v. Durand, 63 Cal. 39. See also post, sec. 3409, in note. peal was contained in the first section of said act. There were two other sections, as fol lows: SEC. 2. The person who has been acting as land agent, under the sections hereby repealed, is hereby ordered and directed to return to the surveyor-general of this state all maps, documents, and papers now in his possession, or under his control, touching the lands of this state, furnished him by the officers of this state or of the United States, at his earliest convenience. SEC. 3. This act shall be in force from and after its passage. 3405. Surveyor-general to keep certain records. SEC. 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. Duty of surveyor-general on application for purchase of lands. SEC. 3406. The surveyor-general must, whenever application is made to him for any portion of the lands mentioned in section thirty-three hundred and ninety-eight, 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. Sufficient evidence of acceptance: Rush Id. 347, 352; but as to the power of the state v. Casey, 39 Cal. 339, 344. The selection by to part with what interest it may have before the state must be approved before the lands the acceptance, see Oakley v. Stuart, 52 Id. can be sold as lieu lands: Berry v. Cammet, 44 521, 535. 3407. Copy of United States register's approval. SEC. 3407. When the acceptance of the register of the United States landoffice is obtained, he must give to the party applying a copy of his approval. 3408. Statement by applicant. Section 3408 was repealed by act of April 3, 1876; Amendments 1875-6, 57; took effect from passage. The repealed section is as follows: "SEC. 3408. Where townships have not been subdivided, but township and other lines have been established so as to show that a tract of land is included in any thirty-sixth section, and the party applying for the same makes affidavit that there is no claim to the same other than his own, and that it is not occupied by such location without the acceptance of the any settler, the surveyor-general may approve register of the United States land-office, and the register of the state land-office may issue certificate of purchase therefor. But no pat ent is issued therefor until the location is appoved by the United States, nor is the state responsible in damages if the land is not subject to location." Under this section the applicant must make the statement required as to no other claim: Vance v. Evans, 52 Cal. 93, and must show that township lines had been established: Rogers v. Shannon, Id. 107. 3409. Surveyor-general to obtain statement as to condition of school sections. SEC. 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.Prima facic, the sixteenth and thirty-sixth sections of the public lands belong to the state, by virtue of the grant made by congress to the state: Figg v. Handley, 52 Cal. 244. But the title to such sections does not vest in the state until the plat of the survey is approved by the surveyor-general of the United States: Terry v. Megerle, 21 Id. 610; Middleton v. Low, 30 Id. 596; Finney v. Berger, 50 Id. 248; Medley v. Robertson, 55 Id. 396. By the act of congress of March 3, 1853, these sections passed to the state, with the right reserved in the general government of locating the same. As fast as townships are surveyed and sectionized, the state becomes the owner of said sections absolutely: Higgins v. Houghton, 25 Id. 252; Sherman v. Buick, 45 Id. 656; Thompson v. True, 48 Id. C01. The state's title to the sixteenth and thirty-sixth sections is derived from the act referred to: Middleton v. Low, 30 Id. 596. And until these sections have been surveyed under the authority of the United States, the state's property therein does not attach: Id.; Higgins v. Houghton, 25 Id. 252; Finney v. Berger, 50 Id. 248, and cases supra. Under the act of April 4, 1870, Stats. Cal. 1869-70, p. 875, an application to purchase a portion of a thirty-sixth section will be valid, if it appear that at the time it is made the township and other lines have been established so as clearly to show that the land sought to be purchased is included in the thirty-sixth section: Rogers v. Shannon, 52 Cal. 99. But generally an application filed before the approval by the United States surveyor-general of the survey is void: Melley v. Robertson, 55 Id. 396. dleton v. such sections, or parts thereof, as might be lost to the state by reason of settlement at the time of survey, or because of reservation for public uses, or of being taken by private claims. Experience showed that many of the sections granted by the act of 1853 were situated within the claimed limits of private grants made by the Mexican government. From the nature and number of these grants, and of the proceedings required for their adjudication and the final determination of their boundaries, proceedings to that end in most cases were slow. The state proceeded to make many indemnity selections before it was definitely known whether the lands in lieu of which the selections were made had in fact been lost to the state. "These selections were invalid, some for one reason and some for another. Nevertheless, through mistake or inadvertence, they were certified to the state by the land department of the general government; of course disputes in regard to the titles to such lands were natural and frequent. To solve the difficulty, congress interposed and passed the act of March 1, 1877. It is entitled 'An act relating to indemnity school selections in the state of Cali fornia,' and confirms, by its first section, to the state, the title to the lands certified to it, known as school selections, which were selected in lieu of sixteenth and thirty-sixth sections lying within Mexican grants, of which grants the final survey had not been made at the date of such selection by the state." And as a conclusion from a consideration of this act, the court says: "Clearly such selections as had thirty-sixth sections, lying within Mexican grants, of which grants the final survey had not been made at the date of the selection by the state, were confirmed, for such is the clear and unequivocal language of the first section of the act of congress. Clearly, also, such selections as had been made and certified to the state, which should fail by reason of the land been made and certified in lieu of sixteenth and The state's title is lost to the sixteenth and thirty-sixth sections when they fall within the limits of a Spanish or Mexican grant: MidLow, 30 Cal. 596. But the mere fact that these sections fall within the limits of a confirmed Mexican grant does not entitle the state to make selection of lieu lands until there has been a final survey of the grant: Rosecrans v. Douglass, 52 Id. 213; C. P. R. R. Co. v. Robinson, 49 Id. 446. The Booth act, passed included within the final survey of a Mexican by congress thany selections made under the supposition unequivocal language of the second section of were lost to the state, which selections other language of section 2, in which are confirmed that the sixteenth and thirty-sixth sections the act. Equally clear and unequivocal is the wise would have failed. A recent decision of such selections as were made and certified to the supreme court of this state, Martin v. history of the before referred to congressional ously enumerated. Durand, 63 Id. 39, gives the following clear other defects or invalidities than those previ in lieu of which they were taken not being the state, and which would fail by reason of One such invalidity ex legislation: "As is well known, the sixteenth isted in the case under consideration, to wit, and thirty-sixth sections of land in each town- the selection of land at the time within the ship in California were granted to the state for claimed limits of a Mexican grant, but which 2, 1853, 10 U. S. Stats. 244. By the seventh clearly come within the letter as well as the school purposes by the act of congress of March section of that act indemnity was provided for intent of the statute, which is a curative act, was finally excluded therefrom. Such defects designed to quiet the possession and confirm the claim of those who in good faith purchased from the state, thinking they thereby got a title, but who in law did not, and which, upon wellsettled principles, should be liberally construed." The right of the state to select lieu lands is not an indefeasible vested right to select from any particular class of lands. The indefeasible right to any particular lands attaches only at the time of selection: United States v. Mullan, 7 Saw. 466. Application to purchase sixteenth and thirty-sixth sections: See sec. 3495, post. 3410. Registers and receivers, how compensated for services rendered state. SEC. 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. Stats. 1870, 14. State board of examiners: See secs. 654, ante, et seq. 3411. Surveyor-general to represent state in contests relating to lands. SEC. 3411. The surveyor-general must represent the state in all contests between it and the United States in relation to public lands. Contest between state and United States.-One claiming under the latter may show that the land for which the state issued its patent was not of the character therein described: Read v. Caruthers, 47 Cal. 181; Kile v. Tubbs, 23 Id. 439; Kernan v. Griffith, 27 Id. 87. That the party who first commences proceeding to secure title to the land has the better right, see Young v. Shinn, 48 Id. 26; Smith v. Athearn, 34 Id. 506; see post, sec. 3414, in note. 3412. Place of taking testimony to be fixed. SEC. 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. May require attorney-general to attend. SEC. 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. 3414. Contest as to approval of surveys, etc., how disposed of. SEC. 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 overflo wed 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. Contesting right to purchase public lands. The purpose of the action provided for by this section is not to annul the certificate of location or purchase, or other evidence of title, but if both of the parties are applicants for the purchase of the lands, the purpose is to procure a determination of the question as to which ap plicant has the better right to purchase them; or if the contest has its origin in a protest filed by a person who is not seeking to purchase the lands from the state, the purpose of the action is to determine whether the party against whom the protest is filed has the right to purchase the lands; and the annulment of the certificate of |