ARTICLE III. SCHOOL LANDS. § 3494. School lands; price; payment, when to be made. Affidavit on application to purchase. What must contain. § 3495. § 3496. § 3497. § 3498. § 3499. § 3500. § 3501. § 3502. § 3503. Affidavit, when applicant is a female. Applications must not be approved for ninety days. Applications for other than sixteenth and thirty-sixth Affidavit, when female is an applicant. Land warrants received in payment, when. School land, relinquishment of state title, when. § 3494. SCHOOL LANDS; PRICE; PAYMENT, WHEN TO BE MADE. The unsold portion of the five hundred thousand acres granted to the state for school purposes, the sixteenth and thirty-sixth sections, and lands selected in lieu thereof, must be sold at the rate of one dollar and twenty-five cents per acre, in gold coin, payable, twenty per cent of the principal within fifty days from the date of the certificate of location issued to the purchaser; the balance, bearing interest at the rate of seven per cent per annum, in advance, is due and payable within one year after the passage of any act by the legislature requiring such payment, or before, if desired by the purchaser. History: Enacted March 12, 1872; amended April 15, 1880, Code Amdts. 1880 (Pol. pt.), p. 58. Former statute.-Hen. G. L. p .646, § 51. See Kerr's Cyc. Pol. C. for 70 pars. annotation. 64 C. 44, 46, 30 P. 573 (construed); 67 C. 5, 6, 7, 6 P. 852, 853 (construed): 77 C. 204, 205, 207, 208, 19 P. 378, 379 (construed); 99 P. 380, 381 (referred to). As to location of unsurveyed lands, see 87 A. D. 80. As to selection by state of unsurveyed lands under congressional grant, see 85 A. D. 93. § 3495. AFFIDAVIT ON APPLICATION TO PURCHASE. WHAT MUST CONTAIN. Any person desiring to purchase any portion not less than the smallest legal subdivision of any of the lands mentioned in section thirty-four hundred and ninety-four, situated in any township which has been surveyed by the United States, must make an affidavit that he is a citizen of the United States, or has filed his intention to become such, a resident of this state of lawful age, that he desires to purchase such lands (describing the same by legal subdivisions) under the provisions of this title; that he has made a personal examination of each and every legal subdivision of said land, that there is no occupation of such lands adverse to any that he has, or if there is an adverse occupation the affidavit must show that the township has been sectionized three months, and that the adverse occupant (giving has name) has been in such occupation more than sixty days since the plat was filed in the United States land office; that he desires to purchase the same for his own use and benefit, and for the use or benefit of no other person or persons whomsoever, and that he has made no contract or agreement to sell the same. The affidavit must also state whether the land is or is not suitable for cultivation, and if it is, that the applicant is an actual settler thereon, and that he has not entered any portion of any lands mentioned in section thirty-four hundred and ninety-four, which, together with that now sought to be purchased, exceeds three hundred and twenty acres; but if the land is not suitable for cultivation the affidavit must further state that the applicant has not entered any portion of such lands, which, together with that now sought to be entered, exceeds six hundred and forty acres. Lands unsuitable for cultivation may be sold in quantities not exceeding six hundred and forty acres to any one person, under the restriction other than as to actual settlement prescribed for the sale of cultivable lands. No application shall contain lands situate in more than one county. The surveyor-general and register of the land office must make and enforce all necessary rules and regulations to prevent the sale of school lands suitable for cultivation to any person not an actual settler thereon; provided, that any smallest legal subdivision of school lands shall be deemed suitable for cultivation if any part not less than one half of its area will, without artificial irrigation, but with or without the clearing of timber or other growth therefrom, by the ordinary processes of tillage, produce ordinary agricultural crops in average quantity; and provided, that any contest of the applicant's right to purchase, arising from the character of the land as cultivable or otherwise, may be referred to the superior court of the proper county, as in other cases, for determination; and provided further, that no contest of the applicant's right to purchase, arising from adverse occupation, shall be maintained, except by a prior adverse occupant, who shall have filed an application to purchase the land under the provisions of this section, and no occupation of land by a person other than the applicant shall be an adverse occupation within the meaning of this section, unless such occupation is by a person who is entitled to purchase the same under the provisions hereof, and who files his application therefor within the time prescribed by section thirty-four hundred and ninety-seven of this code. If any portion of the land applied for is not open to entry, the surveyor general shall file the application for such portion as may be open to entry, eliminating from the application such land as may not be open to entry. History: Enacted March 12, 1872, founded on $4 Act April 27, 1863, Stats. 1863, p. 593, and Act March 28, 1868, Stats. 1867-8, p. 507 et seq.; amended April 28, 1880, Code Amdts. 1880 (Pol. pt.), p. 109; March 18, 1885, Stats. and Amdts. 1884-5, pp. 207208; April 1, 1897, Stats. and Amdts. 1897, pp. 450-451; March 20, 1909, Stats. and Amdts. 1909, p. 579. Former statute.-Hen. G. L. p. 647, § 52. See Kerr's Cyc. Pol. C. for 75 pars. annotation. 51 C. 110, 111 (construed); 55 C. 396, 398 (construed); 67 C. 5, 6, 6 P. 852, 853 (referred to); 68 C. 267, 270, 9 P. 162 (construed); 68 C. 506, 507, 508, 511, 10 P. 337, 338, 340 (construed and applied); 71 C. 209, 211, 12 P. 428, 429, 431 (construed and applied); 71 C. 318, 321, 12 P. 430 (what is not adverse possession within meaning of section); 72 C. 29, 30, 31, 11 P. 871, 13 P. 51, 52 (construed and applied); 76 C. 119, 120, 18 P. 127, 128, 130 (construed and applied); 76 C. 175, 177, 18 P. 129 (cited); 76 C. 187, 188, 189, 18 P. 258, 259 (referred to); 77 C. 36, 37, 18 P. 860, 861 (referred to); 77 C. 397, 398, 19 P. 685, 686 (construed); 78 C. 511, 516, 21 P. 123, 124 (construed and applied); 82 C. 139, 141, 22 P. 937 (phrase "actual settler" dis cussed); 82 C. 513, 517, 23 P. 187, 188 (construed and applied); 82 C. 570, 572, 574, 23 P. 189, 190 (construed and applied); 82 C. 647, 650, 22 P. 136 (applied); 90 C. 43, 44, 47, 27 P. 48, 49 (construed); 101 C. 520, 521, 522, 36 P. 6 (construed); 102 C. 413, 419, 36 P. 658 (amendment of section discussed); 111 C. 398, 399, 400, 43 P. 1104 (construed); 136 C. 491, 495, 69 P. 148 (referred to); 146 C. 537, 542, 80 P. 714, 715 (cited); 148 C. 495, 496, 497, 498, 83 P. 452 (applied-land not suitable for cultivation-“Colorado and Salton Desert"); 151 C. 289, 292, 296, 297, 90 P. 693 (construed-purchase for speculation is not prohibited as in the case of stone and timber lands, under the federal statute); 152 C. 557, 561, 93 P. 94 (construed with § 3497-priority of right and protection of occupant of vacant, non-agricultural school land); 3 C. A. 242, 243, 244, 84 P. 1000 (construed and appliedsuitableness of land for cultivation); 3 C. A. 597, 599, 600, 86 P. 812 (cited-sufficiency of affidavit by female applicant, who stated that she was a citizen, but who had only declared her intention to become a citizen). As to affidavit as to actual settlement in application to purchase swamp and overflowed land, see Kerr's Cyc. Pol. C. § 3443 and note pars. 7, 8. As to suitableness for cultivation as applied to swamp and overflowed lands, see Kerr's Cyc. Pol. C. § 3443 and note pars. 30-32. As to who are actual settlers as applied to swamp and overflowed land, see Kerr's Cyc. Pol. C. § 3443 and note pars. 25-29. § 3496. AFFIDAVIT, WHEN APPLICANT IS A FEMALE. If the applicant is a female, the affidavit must show that she is entitled to purchase and hold real estate in her own name. History: Enacted March 12, 1872. Former statute.-Hen. G. L. Hen. G. L. p. 647, § 52. 151 C. 289, 302, 90 P. 693 (sufficiency of application by female applicant); 99 P. 380, 382 (married woman has capacity to purchase when). § 3497. OCCUPANTS PROTECTED. Every occupant of a sixteenth or thirty-sixth section is protected in his occupancy for three months after the township has been sectionized; and any person settling upon a sixteenth or thirty-sixth section after a township has been sectionized has sixty days after such settlement in which to file the application required in the preceding section. History: Enacted March 12, 1872. Former statute.-Hen. G. L., p. 647, § 53. See Kerr's Cyc. Pol. C. for 3 pars. annotation. 68 C. 506, 507, 509, 510, 10 P. 337, 339 (construed and applied); 72 C. 29, 30, 31, 11 P. 871, 13 P. 51, 52 (referred to); 152 C. 557, 561, 93 P. 94 (construed with § 3495-priority of right and protection of occupant of vacant, non-agricultural school land); 3 C. A. 597, 600, 86 P. 812 (applied-defeat of application by statement, in affidavit, that there is no occupancy, when in fact the land is occupied). As to who are settlers, see Kerr's Cyc. Pol. C. § 3442 and note pars. 2-6; § 3495 and note pars. 62-65. § 3498. APPLICATIONS MUST NOT BE APPROVED FOR NINETY DAYS. All applications, under whatsoever act, filed in the office of the surveyor-general, must be retained ninety days before approval, and must be approved (when there is no conflict) by the surveyor-general, at the expiration of six months, subject, however, to the provisions of sections three thousand four hundred and six and three thousand four hundred and seven of this code, and all unapproved applications, which have been on file over six months, wherein the approval has not been demanded, and wherein the contest has not been referred to court, or a demand made for an order of reference, as provided in section thirty-four hundred and fourteen of the Political Code, shall be null and void. History: Enacted March 12, 1872; amended March 14, 1885, Stats. and Amdts. 1884-5, p. 139. Former statute.-Hen. G. L., p. 647, § 53. See Kerr's Cyc. Pol. C. for 5 pars. annotation. 54 C. 630, 632, 633 (construed); 77 C. 577, 578, 20 P. 91, 92 (cited); 81 C. 604, 605, 22 P. 924, 925 (construed); 98 C. 271, 275, 33 P. 86, 87 (referred to); 133 C. 539, 543, 544, 65 P. 1096 (construed and applied). § 3499. CONTESTS, HOW DETERMINED. If two or more claim the same land, the contest must be determined as provided in article one of this 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. History: Enacted March 12, 1872. Former statute.-Hen. G. L. p. 647, § 53. See Kerr's Cyc. Pol. C. for 2 pars. annotation. 136 C. 491, 494, 69 P. 148 (construed). |