Stephen Johnson Field

“ When, therefore, any location is made by the state previous to the survey of the United States, it must be subject to change, if subsequently, upon the survey being made, it be found to want conformity with the lines of such survey. ”

“ It follows, therefore, that the lands confirmed by the first section are those selected from lands previously surveyed by authority of the United States, and of which selection notification had been, or should thereafter, be given to the register of the local land-office. Now, it does not appear, from the record, that any lands under consideration in this case were selected from the grant of 1841 that is, from the grant of 500,000 acres-after the lands had been surveyed by authority of the United States, and, of course, no notification had been or could be given of any such selection. ”

“ It authorized the governor to issue land-warrants for not less than 160 and not more than 320 acres in one warrant, to the amount of the 500,000 acres, and the treasurer to sell them at $2 per acre, and the purchasers and their assigns to locate them, on behalf of the state, upon any vacant and unappropriated lands beionging to the United States within the state of California subject to such location; but it declared that no such location should be made except in conformity to the law of congress, in not less than 320 acres in one body. ”