Stuart v. Haight

Citations

• 39 Cal. 87

Syllabus

<p>State Public Land Law.—Statute of 1868.-—When the location of a State Land Warrant cannot he made available, in consequence of the prior claims of persons holding pre-emption rights upon the lands located, the owner of the warrants will be entitled to duplicate land warrants, in accordance with the provisions of the Act of 1868, “to provide for the management and sale of the lands belonging to the State.”</p> <p>Idem.—Resistes of the State Land Office.—In awarding a certificate upon a located land warrant, the Register of the State Land Office does not exceed his authority, under the 59 th Section of the Act of 1868, if he is satisfied the location made is ineffectual or useless, and that the lands located would not, by reason of such location, be lost to the State.</p> <p>Idem. —The determination and judgment of the Register upon these matters, are not the subject of review either by the Executive or the Courts.</p>