Page:United States Statutes at Large Volume 13.djvu/361

 THIRTY—EIGHTH CONGRESS. Sess. I. Ch. 194. 1864. 333 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 indorse upon the survey and plat adopted his certificate of approval. After the survey and plat have been, as hereinbefore 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 params when the claimant as soon as practicable after such approval. to issue- Sec. 2. And be it further enacted, That the provisions of the preced- These P,,,,,;.,, ing section shall apply to all surveys and plats by the surveyor-general of ions applicable California heretofore made, which have not already been approved by ;%;;;€;‘;°Y° mt one of the district courts of the United States for California, or by the commissioner of the general land-office: Provided, That where pro- Proviso. ceedings 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. Sec. 3. And be it further enacted, That where a plat and survey Appeals from have already been approved or corrected by one of the district courts of decree ofapthe United States for California, and an appeal from the decree of ap- §;“g’“l‘;f,;“£"°Y proval or correction has already been taken to the supreme court of the hwg in supéma United States, the said supreme court shall have jurisdiction to hear and ¤<>¤r¤· 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 mggiutggggél 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. 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 New surveys shall be under the supervision of the commissioner of the general landoffice, and not of the district or circuit court of the United States. Sec. 4. And be it further enacted, That whenever the district judge of t lfludge 9f_di¤' any one of the district courts of the United States for California is inter- tggsggtargjgelilg ested in any land, the claim to which, under the said act of March third, be transferred to eighteen hundred and hfty-one, 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. The said district courts may also order a transfer to the other mm, said circuit court of any other cases arising under said act, pending before may b¢ ¤¤¤¤¤- them, affecting the title to lands within the corporate limits of any city or f°md` town, and in such cases both the district and circuit judges may sit. Sec. 5. And be it further enacted, That all the right and title of the Rights of the United States to the lands within the corporate limits of the city of San g$g;‘lnS§‘;*:* "° Francisco, as defined in the act incorporating` said city, passed by the leg- Francisco mm,. islature of the State of California, on the lifteenth of April, one thousand quid16d- eight hundred and fifty-one, are hereby relinquished and granted to the said city and its successors, for the uses and purposes specified in the ordinances of said city, ratilied by an act of the legislature of the said state, approved on the eleventh of March, eighteen hundred and fifty-eight, entitled "An act concerning the city of San Francisco, and to ratify and confirm certain ordinances of the common council of said city,” there