Page:United States Statutes at Large Volume 12.djvu/64

 34 THIRTY-SIXTH CONGRESS. Sess. I. Ch. 128. 1860. interest, and shall, in its discretion, determine whether the applicant has such an interest therein, as under the circumstances of the case, to make it proper that he should be heard in opposition to the survey, and shall grant or refuse the order to return` the survey and locatxon, as shall be Parties claim- just: Provided, however, That all parties claiming mterest under prel‘}¥»',““d€" YM emption, settlement, or other right or title derived from the United Slcates, 3§£:gi:::;$,;¤8 shall not be permitted to intervene separately; but the rights and mterests of said parties shall be represented by the distmct attorney of the United States, intervening in the name of the United States, aided by counsel acting for said parties jointly if they think proper to employ such counsel; And provided further, That before proceeding to take the testi- Notica to be   many, or to determine on the validity of any objection so made to the. gg;" l;gf;’;;;‘;“*` survey and location as aforesaid, the said courts shall cause notice to be ygiven, by public advertisement, or in some other form to be prescribed by their rules, to all parties in interest, that objection has been made to such survey and location, and admonishing all parties in interest to intervene 0<>¤r%¤ f<>m¤k¤ for the protection of such interest; and the said courts shall adopt rules "l°'*&°' providing for the prompt and summary decision of all controversies on surveys and locations that may arise under the provisions of this act. · Sec. 4. And be it urther enacted, That when on the application of the _ Whw P=¤‘*?¤¤ party or parties intexllested as aforesaid, in said survey and location, the and how. testimony as to any matters necessary to show the true and proper location of the claim; such testimony to be taken in such manner, by deposition or otherwise, or by commission, as the court may direct, and, or; C¤¤fW>d<=¤ld¤ hearing the allegations and proofs, the court shall render judgment °° p'°°£ thereon; and if; in its opinion, the location and survey are erroneous, it is hereby authorized to set aside and axmul the same, or correct and modify Surveyor-gm it; and it is hereby made the duty of the sur»*eyor—general, on being jg}  QQ" served with 0. cemihcd copy of the decree of said court, fortluvitln to cause decree of court. 3. l'1<5\V Sl11‘VGy and lOC£ltl0H to be made, 01* to correct and reform the SuI‘\’8y and location already made, so as to conform to the decree of the district court, to whom it shall be returned for confirmation and approval. Sec. 5. And be it further enacted, That when, after publication as aforesaid, no application shall be made to the said court for the said order, lVl¤Q¥;$¤¤‘;’<>Y¤fI or when said order has been refused, or when an order shall have been §m°'( obtained as nfbresaid, and when the district court by its decree shall have gcuemimml of- finally approved said survey and location, or shnll have x·cfox·mcd or Qld P“*°“* modiried the same, and determined the true location of the claim, it shall be the duty of the survcy01·-general to transmit, without delay, the plat or survey of the said claim to the General Lund Office, and the patent for the lzmd as surveyed shall forthwith be issued therefor, and no appeal d;€g¢;};;%T  shall be allowed from the order or decree as aforesaid of the said district hw mmm court, unless applied lbr within six months from the date of the decree of said district courts, but not afterwands; and the said plat and survey so limmlly determined by publication, order, or decree, as the case may be, Emwt of such shall luwe the same effect and validity in law as if a patent {br the land pmtunadsnnrvcy. so surveyed had been issued by the United States. l;;\;:::3l' g:;l; Suc. 6hAndJ1e itfhrther enacted, That all surveys and locations here- PMS ‘ \ i   lb  orc ma e un  apploved by the euryeyox·—genera1 of California, which w,,,;,,;,,,, ,,,,t mee been retm ned mto the szud dxstneb courts, or either of them, or in wluch proceedings are now pending for the purpose of contestinv or rcforming the eaxme, are hereby made subject to the provisions of lhis act, cxccpr,&c. except that m the cases so returned or pending no publication shall be necessary on the part of the surveyor-general. g?;7 £$;;2Ei0¤  Esc: 7. be fl ficrther enacted, Thgt, fmt the performance of the éthes 131p0>e  y tllxs get, dud tile act entitled ‘· Ad ae: to ascertain and V01 ix p GSL     ie] pmate an claims m tl}? State of California, passed March 11 exg been hundred and fifty-onc, there shall be allowed to the judges
 * ‘;;;"°t;;°t?m’2:g} same shall be returned into count, the said parties may proceed to take