over A. D. held at my office, (or state the place,) in the county aforesaid, on the day of before me, a Justice of the Peace for the county aforesaid, by the consideration of the Court, hath recovered judgment against C. D., to have restitution of (here describe the premises as in the complaint.) You are therefore commanded, that taking with you the force of the county, if necessary, you cause the said C. D. to be immediately removed from the aforesaid premises, and the said A. B. to have peaceable restitution of the same; and you are also commanded, that of the goods and chattels of the said C. D. within said county, you cause to be made the sum of dollars for the said plaintiff, together with the costs of suit indorsed thereon, and make return hereof within from this date. Given under my hand this — day of A. D. days "E. F., Justice of the Peace." SEC. 18. This Act shall take effect on the first day of January, eighteen hundred and sixty-four. Estrays Fee of Payment of damages. CHAP. CCCXCVI.-An Act concerning Estrays in the County of Ναρα. [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. Any person finding an estray horse, mare, mule, jack, jenny, or any estray cattle, sheep, hogs, or goats, or any number of them, upon his farm or other inclosed premises, may post notices, containing a description of the place of the finding of such estrays, with all visible marks and brands upon them, as follows: One notice upon the school-house door of the School District wherein the estrays are found, one upon the door of the nearest Post Office, and file another with the Recorder of the county wherein the estrays are found; and in case the mark or brand of the owner or owners of the estrays is recorded in the office where the notice is filed, then the Recorder shall, within three days after the filing of the notice, deposit a copy thereof in the Post Office, with the postage paid thereon, addressed to the owner or owners of the stock, or, if owned by a company, to the President or Managing Agent of such company, at his or their place of residence. The fee of the Recorder shall be twenty-five cents for filing the notice, and fifty cents for serving a copy thereof as required by this section. his SEC. 2. If the owner of the animals posted by virtue of this Act fails to appear within twenty days thereafter, and prove property and pay damages to the taker up, as follows: For sheep, ten cents each, for hogs and goats, fifty cents each, and for all other stock, one dollar each, also the fees of the Recorder, then the finder of such estray may give notice to some Constable of the county of the posting of such estray. SEC. 3. The Constable notified shall immediately. proceed to Sale. sell such estrays at public sale, in conformity with the law concerning sales on execution, except the notice of the sale of horses, mares, jacks, mules, and jennies, shall not be less than twenty days; provided, the owners of estrays may, at any time Proviso. before the sale, retake them by paying the aforesaid damages and such costs as may accrue to the officer. SEC. 4. The Constable making such sale shall be entitled to Fees of the same fees as are provided by law for sales on execution. Constables. SEC. 5. The Constable making such sales shall pay the sur- Surplus. plus in his hands, if any remain after payment of costs and damages as above prescribed, to the owner, if he demand the same within three months after sale, and if not, then he shall pay such surplus to the County Treasurer, and it shall become a part of the School Fund. SEC. 6. All sales made by virtue of this Act shall be valid if validity of the provisions of section one, in regard to notices, be fully com- sales. plied with, otherwise they shall be invalid. SEC. 7. Stock mentioned in this Act escaping from the lands of the owners or keepers into an adjoining farm or inclosure, shall not be considered estrays under the provisions of this Act. SEC. 8. In case above ten estrays belonging to one man are posted at one time, then the damages for all above that number shall be one half of that specified in section two of this Act. SEC. 9. This Act shall apply to the County of Napa, and take effect and be in force from and after its passage. SEC. 10. All Acts and parts of Acts in conflict with the pro- Acts visions of this Act are hereby repealed, so far as they apply to repealed. Napa County, except the Act entitled an Act concerning hogs found running at large in the Counties of Colusa, Tehama, Butte, Sonoma, and Napa, approved March twenty-sixth, eighteen hundred and fifty-seven. CHAP. CCCXCVII.-An Act to provide for the Sale of certain Lands belonging to the State. [Approved April 27, 1863.] The People of the State of California, represented in Senate and Assembly, do enact as follows: Overflowed SECTION 1. The Swamp and Overflowed, Marsh, and Tide swamp and Lands, belonging to the State, shall be sold at the rate of one Land sale. dollar per acre, in gold or silver coin, payable: twenty per cent of principal within thirty days of the record of approval of survey or location, by the Surveyor-General, in the County Surveyor's office; the balance, bearing interest at the rate of ten How per cent per annum, payable annually in advance, computed payable. from the date of such approval, shall be due and payable one School Sale. Terms. Proviso. Oath of purchaser, and year after the passage of any Act requiring such payment, or before, if desired by the purchaser. SEC. 2. The one hundred and fifty thousand acres of land granted to this State for the use of an Agricultural College, by Act of Congress of July second, eighteen hundred and sixtytwo, the unsold portion of the five hundred thousand acres granted to the State for School purposes, the unsold portion of the seventy-two sections granted to the State for a Seminary of Learning, the unsold portion of the teu sections granted to the State for the erection of Public Buildings, and the sixteenth and thirty-sixth sections granted for the use of the Public Schools, or lands in lieu thereof, shall be sold at the rate of one dollar and twenty-five cents per acre, payable in United States gold or silver coin, twenty per cent of the principal and the first advance interest on the balance to be paid within fifty days from the date of the record of approval of survey or loca-. tion in the State Locating Agent's office, the balance, bearing interest at the rate of ten per cent per annum, payable yearly in advance, shall be due and payable, at the option of the purchaser, within one year after the passage of any Act requiring such payment; provided, nothing in this Act shall be construed to affect the sale of lands by the location of School Land Warrants, which lands shall be located and paid for in the manner now provided by law. The money received into the State Treasury from the sale of the one hundred and fifty thousand acres of land granted to this State for the maintenance and support of an Agricultural and Mechanical Arts College shall be converted into bonds of the Civil Funded Debt of the State, issued since the first day of January, A. D. eighteen hundred and fifty-eight, in the same manner as is provided for converting school money into State bonds by section nine of an Act entitled an Act to provide for the location and sale of the unsold portion of the five hundred thousand acres of land donated to this State for School purposes, and the seventy-two sections donated to this State for the use of a Seminary of Learning, approved April twenty-third, eighteen hundred and fifty-eight, and when the moneys are thus converted into bonds they shall be deposited in the office of the State Treasury, and there kept as a special deposit, marked "Agricultural and Mechanical Arts College Fund," to the credit of said Fund. SEC. 3. Whenever any resident of this State desires to purchase any portion of the Swamp and Overflowed Lands granted application. to the State by Act of Congress of September twenty-eighth, eighteen hundred and fifty, or any portion of the Tide Lands belonging to the State by virtue of her sovereignty, he shall make affidavit before any person competent to administer oaths, that he is a citizen of the United States, or has filed his intention of becoming a citizen, is a resident of the State, and of lawful age, that he desires to purchase said lands (describing them) under the laws of the State providing for the sale of the Swamp and Overflowed and Tide Lands of the State, and that he has not entered under said laws any other land which, together with the land sought to be purchased, shall exceed six hundred and forty acres, and that he does not know of any legal or equitable claim to said land other than his own, and also, if the applicant be a female, that she is entitled to purchase and hold real estate in her own name under the laws of this State, which application and affidavit shall be filed in the office of the Surveyor of the county in which such lands, or the greater portion thereof, are situate. for survey, SEC. 4. Whenever any resident of this State desires to pur- Application chase any portion of a sixteenth or thirty-sixth section of any etc., of township in this State, or lands in lieu thereof, if the lands School Lands sought to be purchased have not been surveyed by authority of the United States, he shall file in the office of the County Surveyor of the county in which said lands are situate, an application for a survey and plat and field notes of the lands sought to be purchased, which, when obtained, he shall file with the Locating Agent of the district, together with an affidavit that he is a citizen of the United States, or has filed his intentions to become a citizen, that he is of lawful age, and is a resident of the State, that the lands sought to be purchased are unoccupied except by the applicant, and that there are no improvements on said lands other than his own, and that to the best of his knowledge and belief there is no valid claim existing to said land adverse to his own, and if the applicant be a female, that she is entitled to purchase and hold real estate in her own name under the laws of this State; all of which shall be verified by the affidavit of three disinterested witnesses; provided, that the Proviso. affidavits of applicants for the purchase of any of the lands granted to this State for the maintenance and support of an Agricultural and Mechanical Arts College, shall, in addition to the requirements of the affidavits above required, show that the lands sought to be purchased have been surveyed by the United States, and that the lands are subject to entry at private sale. his duties. SEC. 5. Whenever a settlement is or has been made by occu- Locating pation or improvement upon any portion of a sixteenth or Agent, and thirty-sixth section of any of the Public Lands in this State, the Locating Agent of the district in which such land is situated shall, if such occupant has not acquired a pre-emption right to such land, notify such occupant or claimant of the fact that he is upon lands belonging to the State, and that he must make application to purchase the same of the State within sixty days, or forfeit all rights to the land. If such occupant or claimant shall neglect or refuse to make such application to purchase within the sixty days above named, such land shall be subject to location and sale in the manner provided for the sale of other sixteenth and thirty-sixth sections, with the exception that the affidavits in regard to occupancy and improvement may be omitted, in all of which cases the application to purchase shall be accompanied by the affidavit of the Locating Agent of the district, that he has duly notified the occupant or claimant of the land as provided by this section, and that for a period of sixty days after such notice the occupant or claimant has refused or neglected to apply for said lands. SEC. 6. Whenever any resident of the State desires to purchase from the lands surveyed by authority of the United States purchaser. Affidavit of any portion not less than the smallest legal subdivision of the one hundred and fifty thousand acres granted to this State for the use of an Agricultural College, any portion of the five hundred thousand acre grant, or of the seventy-two section grant, or the ten section grant, or of any sixteenth or thirty-sixth section, or lands in lieu thereof, he shall make the same affidavit as provided in section four of this Act, which shall be verified in the same manner; which affidavit, together with his application to purchase said lands, describing them by legal subdivisions, shall be filed in the office of the State Locating Agent of the district in which the lands sought to be purchased are situate. Duties of Duties of SEC. 7. It shall be the duty of the County Surveyor, immediately upon receiving any application for a survey required by sections three and four of this Act, to note the same in a book kept in his office for the purpose, in the regular order in which it is received, giving the name and address of the applicant, description of the land, class of lands, whether Swamp, Tide, sixteenth and thirty-sixth section grant, or lands in lieu thereof, which book shall be furnished by the Surveyor-General, and shall always be open to public inspection. He shall, within thirty days after receiving such application, if the lands are subject to sale, complete the survey, plat, and field notes, duplicates of which, together with a copy of the application and affidavits, shall, if the lands be Swamp and Overflowed, or Tide Lands, be forwarded to the Surveyor-General for approval; and if the lands be part of the sixteenth and thirty-sixth section grant, he shall furnish the applicant with a full description, by legal subdivision, of the lands applied for, which, together with the application and affidavits required by section four of this Act, shall be filed with the Locating Agent of the district in which the lands are situate. The County Surveyor shall, immediately upon the receipt from the Surveyor-General of any approved copy of survey of Swamp or Tide Lands, forward the same to the applicant, and mark upon the maps and record in the books of his office all surveys thus made by him, which maps and books shall be always open to public inspection. SEC. 8. It shall be the duty of the several State Locating Agents of this State, whenever application is made to them, as provided in sections five, six, and seven of this Act, for the purchase of any lands of this State, except Swamp and Overflowed and Tide Lands, if the lands applied for be subject to sale, to keep a complete record of such applications, when accepted, in the same manner as provided for County Surveyors in section seven of this Act, which record shall always be open to public inspection. Whenever the amount of three hundred and twenty or more acres have been applied for under any one grant, he shall, in behalf of the State, make application to the Register of the United States Land Office for the district, for such lands, in part satisfaction of the grant under which they are located, and obtain his acceptance of the selections, which acceptance, together with the corresponding certificates of location, according to the form prescribed by the Surveyor-General, he shall forward, with the proper affidavits, to the office of the SurveyorGeneral for approval, and when approved and returned to him, |