When the lists have been approved by the Secretary and returned to this Office duplicate copies of the same are made out, one of which is transmitted to the governor of the State, with the statement that on receipt of his request patent will issue to the State for the lands. The other list is transmitted to the register and receiver of the land office in which the lands are situated, and they are requested to examine the same with the records of their office and report any conflicts found.

Upon receipt of reply to the letters of this Office as above, patents issue to the State for all the lands embraced in said lists so far as they are free from conflict.

Under the provisions of the act of March 2, 1849, granting swamp lands to the State of Louisiana, a certified copy of the list approved by the Secretary of the Interior, transmitted to the governor, has the force and effect of a patent.

The "list" referred to in section 2 of the act of September 28, 1850, is held to be the copy of the list approved by the Secretary of the Interior sent to the governor, upon which his request for patent is based.

The following are the swamp-land laws, regulations, and

decisions:

AN ACT To aid the State of Louisiana in draining the swamp lands therein.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That to aid the State of Louisiana in constructing the necessary levees and drains to reclaim the swamp and overflowed lands therein, the whole of those swamp and overflowed lands, which may be or are found unfit for cultivation, shall be, and the same are hereby, granted to that State.

SEC. 2. And be it further enacted, That as soon as the Secretary of the Treasury shall be advised, by the governor of Louisiana, that that State has made the necessary preparation to defray the expenses thereof, he shall cause a personal examination to be made, under the direction of the Surveyor-General thereof, by experienced and faithful deputies, of all the swamp lands therein which are subject to overflow and unfit for cultivation; and a list of the same to be made out, and certified by the deputies and Surveyor-General, to the Secretary of the Treasury, who shall approve the same, so far as they are not claimed or held by individuals; and on that approval, the fee simple to said lands shall vest in the said State of Louisiana, subject to the disposal of the legislature thereof: Provided, however, That the proceeds of said lands shall be applied exclusively, as far as necessary, to the construction of the levees and drains aforesaid.

SEC. 3. And be it further enacted, That in making out a list of these swamp lands, subject to overflow and unfit for cultivation, all legal subdivisions, the greater part of which is of that character, shall be included in said list; but when the greater part of a subdivision is not of that character, the whole of it shall be excluded therefrom: Provided, however, That the provisions of this act shall not apply to any lands fronting on rivers, creeks, bayous, water courses, etc., which have been surveyed into lots or tracts under the acts of third March, eighteen hundred and eleven, and twenty-fourth May, eighteen hundred and twenty-four: And provided further, That the United States shall in no manner be held liable for any expense incurred in selecting these lands and making out the lists thereof, or for making any surveys that may be required to carry out the provisions of this act.

Approved March 2, 1849.

AN ACT to enable the State of Arkansas and othes States to reclaim the "swamp lands" within their limits.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That to enable the State of Arkansas to construct the necessary levees and drains to reclaim the swamp and overflowed lands therein, the whole of

those swamp and overflowed lands, made unfit thereby for cultivation, which shall remain unsold at the passage of this act, shall be, and the same are hereby, granted to said State.

SEC. 2. And be it further enacted, That it shall be the duty of the Secretary of the Interior, as soon as may be practicable after the passage of this act, to make out an accurate list and plats of the lands described as aforesaid, and transmit the same to the governor of the State of Arkansas, and, at the request of said governor, cause a patent to be issued to the State therefor; and on that patent, the fee simple to said lands shall vest in the said State of Arkansas, subject to the disposal of the legislature thereof: Provided, however, That the proceeds of said lands, whether from sale or by direct appropriation in kind, shall be applied, exclusively, as far as necessary, to the purpose of reclaiming said lands by means of the levees and drains aforesaid.

SEC. 3. And be it further enacted, That in making out a list and plats of the land aforesaid, all legal subdivisions, the greater part of which is "wet and unfit for cultivation," shall be included in said list and plats; but when the greater part of a subdivision is not of that character, the whole of it shall be excluded therefrom.

SEC. 4. And be it further enacted, That the provisions of this act be extended to, and their benefits be conferred upon, each of the other States of the Union in which such swamp and overflowed lands, known as [and] designated as aforesaid, may be situated. Approved September 28, 1850.

The grant of swamp lands, under acts of March 2, 1849, and September 28, 1850, is a grant in presenti. See United States Supreme Court decisions Railroad Company v. Fremont County (9 Wallace, 89); Railroad Company v. Smith (id., 95); Martin v. Marks (7 Otto, 345); decisions of Secretary of the Interior, December 23, 1851 (1 Lester's L. L., 549), April 25, 1862, and opinion of Attorney-General, November 10, 1858 (1 Lester's L. L., 564).

The act of September 28, 1850, did not grant swamp and overflowed lands to States admitted into the Union after its passage. See decision of Secretary Interior, August 17, 1858; Commissioner G. L. O., May 2, 1871 (Copp's L. L., 474), affirmed by Secretary June 1, 1871, and Commissioner G. L. O. January 19, 1874 (Copp's L. L., 473), affirmed by Secretary July 9, 1875.

A State having elected to take swamp land by field notes and plats of survey is bound by them, as is also the Government. See Secretary's decisions, October 4, 1855 (1 Lester's L. L., 553), August 1, 1859 (id., 571), December 4, 1877 (4 Copp's L. O., 149), and September 19, 1879.

AN ACT for the relief of purchasers and locators of swamp and overflowed lands.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States cause patents to be issued, as soon as practicable, to the purchaser or purchasers, locator or focators, who have made entries of the public lands, claimed as swamp lands, either with cash, or with land warrants, or with scrip, prior to the issue of patents to the State or States, as provided for by the second section of the act approved September twenty-eight, eighteen hundred and fifty, entitled "An act to enable the State of Arkansas and other States to reclaim the swamp lands within their limits," any decision of the Secretary of the Interior, or other officer of the Government of the United States, to the contrary notwithstanding: Provided, That in all cases where any State, through its constituted authorities, may have sold or disposed of any tract or tracts of said land to any individual or individuals prior to the entry, sale, or location of the same, under the pre-emption or other laws of the United States, no patent shall be issued by the President for such tract or tracts of land, until such State, through its constituted authorities, shall release its claim thereto, in such form as shall be prescribed by the Secretary of the Interior: And provided further, That if such State shall not, within ninety days from the passage of this Act, through its constituted authorities, return to the General Land Office of the United States a list of all the lands sold as aforesaid, together with the dates of such sale, and the names of the purchasers, the patents shall be issued immediately thereafter, as directed in the foregoing section.

SEC. 2. And be it further enacted, That upon due proof, by the authorized agent of the State or States before the Commissioner of the General Land Office, that any of the lands purchased were swamp lands, within the true intent and meaning of the act aforesaid, the purchase money shall be paid over to the said State or States; and where the lands have been located by warrant or scrip, the said State or States shall be authorized to locate a quantity of like amount, upon any of the public lands subject to entry, at one dollar and a quarter per acre, or less, and patents shall issue therefor, upon

the terms and conditions enumerated in the act aforesaid: Provided, however, That the said decisions of the Commissioner of the General Land Office shall be approved by the Secretary of the Interior.

Approved March 2, 1855.

AN ACT to confirm to the several States the swamp and overflowed lands selected under the act of September twenty-eight, eighteen hundred and fifty, and the act of the second March, eighteen hundred and forty-nine.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the selection of swamp and overflowed lands granted to the several States by the act of Congress, approved September twenty-eight, eighteen hundred and fifty, entitled "An act to enable the State of Arkansas and other States to reclaim the swamp lands within their limits," and the act of the second of March, eighteen hundred and forty-nine, entitled "An act to aid the State of Louisiana in draining the swamp lands therein," heretofore made and reported to the Commissioner of the General Land Office, so far as the same shall remain vacant and unappropriated, and not interfered with by an actual settlement under any existing law of the United States, be and the same are hereby confirmed, and shall be approved and patented to the said several States, in conformity with the provisions of the act aforesaid, as soon as may be practicable after the passage of this law: Provided, however, That nothing in this act contained shall interfere with the provisions of the act of Congress entitled "An act for the relief of purchasers and locators of swamp and overflowed lands," approved March the second, eighteen hundred and fifty-five, which shall be and is hereby continued in force, and extended to all entries and locations of lands claimed as swamp lands made since its passage.

Approved March 3, 1857

The claim of the State for indemnity for swamp lands sold or located subsequent to September 28, 1850, and prior to March 3, 1857, is not barred by failure of said States to have selected the lands prior to March 3, 1857. See Attorney-General's Opinion of April 20, 1866 (2 Lester, p. 382), adopted by the Department April 23, 1866. Under provisions of act of Congress approved March 2, 1855, as extended by act of March 3, 1857, indemnity proof must be taken by the State before an agent from the General Land Office, after the land for which indemnity is claimed shall have first been examined in the field by said agent. See Secretary's Decision June 6, 1878 (5 Copp's L. O., p. 125).

RULES AND REGULATIONS ADOPTED BY THE GENERAL LAND OFFICE, WITH THE APPROVAL OF THE SECRETARY OF THE INTERIOR, IN REGARD TO THE PROOF REQUIRED IN CLAIMS FOR INDEMNITY UNDER THE ACT OF MARCH 2, 1855, EXTENDED BY THE ACT OF MARCH 3, 1857, (SECTIONS 2482, 2483, AND 2484, REVISED STATUTES OF THE UNITED STATES), FOR "SWAMP AND OVERFLOWED LANDS" SOLD BY THE UNITED STATES PRIOR TO MARCH 3, 1857.

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, Washington, D. C., August 12, 1878. In order to dispose of the claims for indemnity provided for by the act of Congress approved March 2, 1855, entitled "An act for the relief of purchasers and locators of swamp and overflowed lands," which act was extended by the act of March 3, 1857 (as revised, now sections 2482, 2483, and 2484 of the Revised Statutes of the United States), the following rules and regulations in regard to the “due proof" to be made to the Commissioner of the General Land Office, under the second section of said first-mentioned act (as revised, now section 2082, Revised Statutes of the United States), in order to obtain the indemnity aforesaid, are adopted:

The governor, or other duly authorized officer or agent, of the State claiming indemnity will be required to furnish this office with a list of the lands for which indemnity is claimed. As soon as practicable after the receipt of this list an agent will be appointed to make an examination in the field of each of the tracts therein described, and secure such reliable information as to the character thereof as can be obtained from personal examination and observation, and by inquiry of the owner or resident thereon, if any there be, and of persons residing in the vicinity having personal knowledge of the past and present character of the land. Upon the completion of this examination at least thirty days' notice will be given the State, or claimants

under the State, of the time and place when and where testimony will be received touching the character of the lands described in the list filed in this office.

At the times and places thus fixed the agent of this office will attend for the purpose of examining witnesses and adopting such other measures as may be necessary to protect the interests of the Government.

The evidence offered by the State, or its agent, as to the character of the land, must be the testimony of at least two respectable and disinterested persons who have personal and exact knowledge of the condition of the land during a series of years extending to the date of the swamp grant (September 28, 1850).

Where the testimony of witnesses having a knowledge of the condition of the land at the date of the grant can not be obtained, the evidence of at least two respectable and disinterested persons, who have a knowledge of the land during a series of years extending as near to the date of the grant as possible, may be presented; but before presenting this secondary evidence the State agent should file his own affidavit setting forth fully and satisfactorily the reasons for the failure to present the testimony of the first-mentioned class of witnesses, and also setting forth that the witnesses whose testimony he offers have the best knowledge of the land extending nearest to September 28, 1850, of any that can be obtained.

The testimony of each witness should not only show that at the time when he first knew the land the greater part of each forty-acre tract, or other smallest legal subdivision, was swamp or overflowed within the meaning of the grant, but it must be full and explicit on the following points:

The cause of the swampy character or overflow, with the time of the year and the length of time such was the condition of the land, and how much or what proportion of the tract was thus rendered unfit for cultivation in its natural condition.

The nature and extent of the means necessary to reclaim the land.

The kinds of timber, plants, shrubs, grasses, etc., growing on the land, and whether or not plowing and the removal of timber or other natural growth would not have caused the land to become dry enough for cultivation without ditching, draining, or protection from overflow.

The names of water courses, lakes, etc., on or near the land, with a description of the size of the same, and, where not on the tract, the direction and distance from it. The general character of adjacent and surrounding lands.

The present condition of the land, and in case any changes have taken place within the knowledge of the witnesses the nature and cause of such changes, with a full description of such artificial means of reclamation as have had any effect on the character of the land, and all other facts known to the witnesses which may tend to show the true condition of the land.

The witnesses should be required to state facts, not opinions, and their testimony should be as full and complete as to every fact within their knowledge as if it were needed to establish the character of the land to the satisfaction of a judge or jury. Ex parte affidavits will not be considered, and all testimony must be taken in the presence of the agent of this office.

Depositions may be taken before any officer authorized by law to administer oaths; provided that if taken before an officer other than the clerk of a court of record having a seal, the official character of such officer shall be established by the certificate of the clerk of the proper court of record under the official seal thereof.

In all cases the disinterestedness of the witnesses must be established under oath, and the credibility of the witnesses must be certified to by the officer taking the depositions, or established by the oath of witnesses to whose credibility he certifies. In cases where the agent of this office shall be satisfied, from the previous examination in the field, that any tract or tracts are of the character contemplated by the swamp grant, the testimony of two witnesses, as above mentioned, will be deemed sufficient proof; but in cases where said agent shall not be so satisfied from the previous examination in the field, he will take measures to secure such additional evidence as may be necessary to fully determine the character of the land, by obtaining the testimony of the owner or occupant of the land, or, if those persons have testified, other well-informed persons residing in the vicinity of the land, allowing the agent of the State full opportunity to cross-examine such witnesses should he desire to do so.

If the agent of this office shall be in doubt as to the amount of a particular tract which is swampy or overflowed, he will have a survey and plat made of the tract by a competent surveyor, in order that the exact amount of swampy or overflowed land in the tract may be shown.

After the testimony is taken the agent will make a full report to this office upon each of the tracts upon which testimony is taken, together with his opinion as to the real character of each of said tracts.

These regulations will supersede all former regulations; but cases where proof has heretofore been taken and filed in this office will be examined and determined upon such proof, if it is found to be in strict accordance with the regulations existing at the time of taking the same. J. A. WILLIAMSON, Commissioner.

DEPARTMENT OF THE INTERIOR, August 20, 1878.

Approved:

A. BELI, Acting Secretary.

In States where the field notes of survey govern in adjusting claims for land under the act of 1850 said notes are the basis for adjusting claims for indemnity. (Secretary's decision of April 17, 1880.)

AN ACT to extend the provisions of "An act to enable the State of Arkansas and other States to reclaim the swamp lands within their limits" to Minnesota and Oregon, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of the act of Congress entitled "An act to enable the State of Arkansas and other States to reclaim the swamp lands within their limits," approved September twenty-eight, eighteen hundred and fifty, be, and the same are hereby, extended to the States of Minnesota and Oregon: Provided, That the grant hereby made shall not include any lands which the Government of the United States may have reserved, sold, or disposed of (in pursuance of any law heretofore enacted) prior to the confirmation of title to be made under the authority of the said act.

SEC. 2. And be it further enacted, That the selection to be made from lands already surveyed in each of the States, including Minnesota and Oregon, under the authority of the act aforesaid, and of the act to aid the State of Louisiana in draining the swamp lands therein, approved March second, one thousand eight hundred and forty-nine, shall be made within two years from the adjournment of the legislature of each State at its next session after the date of this act, and, as to all lands hereafter to be surveyed, within two years from such adjournment, at the next session, after notice by the Secretary of the Interior to the governor of the State that the surveys have been completed and confirmed.

Approved March 12, 1860.

Provisions of section 2 repealed as to all States except Minnesota and Oregon by enactment in Revised Statutes. See section 5596.

The grant of swamp lands to the States of Oregon and Minnesota was a grant in presenti, and the land so granted can not be otherwise disposed of by the Government. See Secretary's decisions, April 15, 1880. Crowley v. State of Oregon (7 Copp's L. O., 28), and the State of Oregon v. United States, June 4, 1880 (id., 53).

Status of lands within the meander lines of shallow bodies of water at date of survey that might have been temporarily overflowed considered. See Secretary's decision, December 2, 1874 (Copp's Land Laws, 475).

CHAP. CCXIX.-AN ACT to quiet land titles in California.

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SEC. 4. And be it further enacted, That in all cases where township surveys have been, or shall hereafter be, made under authority of the United States and the plats thereof approved, it shall be the duty of the Commissioner of the General Land Office to certify over to the State of California as swamp and overflowed, all the lands represented as such upon such approved plats, within one year from the passage of this act, or within one year from the return and approval of such township plats.

The Commissioner shall direct the United States Surveyor-General for the State of California to examine the segregation maps and surveys of the swamp and overflowed lands made by said State; and where he shall find them to conform to the system of surveys adopted by the United States he shall construct and approve township plats accordingly, and forward to the General Land Office for approval: Provided, That in segregating large bodies of land, notoriously and obviously swamp and overflowed, it shall not be necessary to subdivide the same, but to run the exterior lines of such body of land. In case such State surveys are found not to be in accordance with the system of United States surveys, and in such other townships as no survey has been made by the United States, the Commissioner shall direct the Surveyor-General to make segregation surveys upon application to said Surveyor-General by the governor of said