how deter mined. contest must be determined as provided in Article I of this Contests, Chapter; but no person has a right to purchase by reason of any settlement or improvement, unless application is made within the time above prescribed. Applica tions for other than sixteenth and thirty sixth SEC. 3500. Any person desiring to purchase any lands mentioned in section three thousand four hundred and ninety-four, except the sixteenth and thirty-sixth sections, must make an affidavit that he is a citizen of sections. the United States (or has filed his intention of becoming so), a resident of the State, of lawful age; that he desires to purchase such lands (describing the same by legal subdivisions) under the provisions of this Title, and that there is no valid claim to such land other than that of the applicant; that he has not entered any land in part satisfaction of the grant in lieu of sixteenth or thirty-sixth sections, which, together with that now sought to be purchased, exceeds three hundred and twenty acres. SEC. 3501. If the applicant is a female, the affidavit must also show that she is entitled to purchase real estate in her own name. when Affidavit, female is an applicant. warrants Land received in payment SEC. 3502. School land warrants issued by authority of the State are receivable in payment of the purchase money of any part of the five hundred thousand acres of of the land granted to the State for school purposes. Such payment must be made to the Register and the warrants cancelled before the certificate of purchase is issued. purchase money of certain lands. ARTICLE IV. PAYMENTS, CERTIFICATES OF PURCHASE, AND PATENTS. SECTION 3512. Payments, how made. 3513. Failure to pay to work forfeiture. 3514. Register to issue certificate of purchase. Certificate 3515. Certificates of purchase may be sold. 3516. Sale to be recorded. 3517. Compensation of Recorder. 3518. Duplicate for lost certificate of purchase. Payments, how made. Failure to pay to work forfeiture. Register to issue certificate of purchase. Certificate evidence of title. Certificates of purchase may be sold. SECTION 3519. Register to prepare patents, when. 3520. Patent, how executed. 3521. Not to issue until one year after approval of sur vey, etc. 3522. Patents to be recorded and delivered. 3523. Effect of patent issued to deceased persons. SEC. 3512. Whenever any survey or location has been made or approved, the purchaser must, within fifty days from the date of approval or location, present his copy of the same to the County Treasurer, who must receive the amount to be paid, and the fee for the certificate of purchase, indorsing his receipt therefor upon the certificate of location or survey, and returning it to the purchaser. SEC. 3513. In case payment is not made within fifty days, the lands described in the survey or location revert to the State without suit, and the survey or location is All subsequent payments must be made to the County Treasurer in like manner, who must indorse the same upon the certificate. The Treasurer must direct the purchaser to take the certificate so indorsed to the Auditor who must charge the Treasurer with the amount received, and make his check upon the indorsed receipt. SEC. 3514. Whenever the Register receives from a County Treasurer a statement showing that any applicant for State lands has made the first payment, he must issue to the person entitled thereto a certificate of purchase, showing the class of land purchased, the number of acres, the price per acre, the date of payment, the date from which interest is to be computed, the amount paid, and the amount remaining unpaid; which certificate is primary evidence of title. SEC. 3515. Certificates of purchase, and all rights acquired thereunder, are subject to sale, by deed or assignment, executed and acknowledged before any officer authorized by law to take acknowledgments of conveyances of real property, or before the Register. SEC. 3516. All such sales must, when the deed or recorded. assignment is recorded by the County Recorder, be Sale to be reported by him to the Register, to be entered in the books of his office. sation of SEC. 3517. The Recorder is entitled to receive from Componthe purchaser, for making such report, a fee of fifty Recorder. cents. for lost cer ticate of purchase. SEC. 3518. If the holder of a certificate of purchase Duplicate claims that it has been lost or destroyed, the Register must take testimony concerning the loss or destruction. But the party must, before the hearing, publish a notice in some newspaper in the county where the land is situated, or if there is no newspaper published in the county, then in some newspaper of general circulation in the county, for at least four weeks, describing the certificate and the lands for which the same was issued by legal subdivisions, and giving the name of the person to whom it was issued, and the person then claiming to own it. If the Register is satisfied of the loss or destruction of the certificate, he must issue to the owner thereof a duplicate, with the word "Duplicate" written across the face thereof in red ink. Such duplicate has the force and effect of the original. If there is a contest as to the issuing of a duplicate certificate, the Register may hear and determine the same, or may transfer it to the proper Court, as provided in section three thousand four hundred and fifteen. prepare when. SEC. 3519. Whenever final payment has been made Register to for any tract of land, the selection of which has been patents, accepted and approved by the United States authorities, or when the tract finally paid for or reclaimed is swamp and overflowed, salt marsh, or tide lands, the Register, upon the surrender of the certificate of purchase by the person entitled to the same, must prepare a patent for the land, and send it to the Governor, together with a certificate that the laws in relation thereto have been complied with, that payment in full has been made, and that the party named in the prepared patent is entitled to it. Patent, how executed. Not to issue until one year after approval of survey, etc. Patents to be recorded and delivered. Effect of patent issued to deceased persons. SEC. 3520. The patent must then be signed by the Governor, attested by the Secretary of State, sealed with the Great Seal of the State, and be countersigned by the Register. SEC. 3521. No patent must issue until after the expiration of one year from the date of approval of the survey or location by the Surveyor General, nor until the lands are relinquished to the State by authority of the General Land Office at Washington. Such relinquishment is not required for locations of the sixteenth and thirty-sixth sections in place, or for swamp and overflowed lands, shown to be such by the official surveys made by authority of the United States Surveyor General. SEC. 3522. The Register must record all patents in books to be kept in his office for that purpose, and then deliver them to the persons entitled thereto. SEC. 3523. Where a patent for lands is issued in the name of a deceased person, the title is vested in the heirs, devisees, or assignees of such person in the same manner as if the patent had issued to such person during life. Regents of University to select and sell certain lands. ARTICLE V. SELECTION AND SALE OF UNIVERSITY LANDS. SECTION 3533. Regents of University to select and sell certain lands. 3534. Land Agent of University, duty of. 3535. Certain moneys to be paid out of Treasury upon order of Regents. 3536. Purchasers of certain lands who have not paid up, to be included in delinquent list. Lands reverting to be sold by Regents. SEC. 3533. The Regents of the University may order the selection of the one hundred and fifty thousand acres of land granted to the State for the use of an Agricultural College, and dispose of the same at the price and in the manner fixed by them. SEC. 3534. The Land Agent of the University, as the agent of the State, must select the lands according to the Land purAgent of duty of. instructions of the Board, and issue certificates of chase and patents to purchasers who comply with the University, conditions fixed by the Board; and the Regents must invest all moneys accruing from the sale of lands as they may deem best, subject to the conditions of the Act of Congress granting such lands. SEC. 3535. All moneys, securities, or other properties arising from the sale of the seventy-two sections granted to the State for a seminary of learning, and from the sale of the ten sections granted to the State for the erection of public buildings, must be paid out of the State Treasury on the order of the Regents of the University. SEC. 3536. All persons who have purchased any portion of either of the grants mentioned in the preceding section, and who have not paid in full therefor, must be included in the delinquent list, and the District Attorney must proceed against such delinquents as provided in sections three thousand five hundred and forty-seven and three thousand five hundred and forty-eight, and the provisions of sections three thousand five hundred and fortyeight to three thousand five hundred and fifty-six inclusive, are made applicable to such proceedings. If such lands revert to the State, they pass under the control of and may be sold by the Board of Regents of the University. ARTICLE VI. PROCEEDINGS AGAINST DELINQUENT PURCHASERS. SECTION 3546. Register to furnish statement of delinquents to the 3547. Delinquent purchasers, and proceedings against. 3548. Same. 3549. Service of summons. 3550. Copy of decree to be filed. 3551. When purchaser may make payment and be restored' to all rights. 3552. When judgment binds assignee. 3553. Compensation of District Attorney. |