§ 3500. APPLICATIONS FOR OTHER THAN SIXTEENTH AND THIRTY-SIXTH SECTIONS. Any false statement contained in the affidavit provided for in section three thousand four hundred and ninety-five, defeats the right of the applicant to purchase the land, or to receive any evidence of title thereto, and, if wilfully false, subjects him also to punishment for perjury. Timber lands belonging to this state shall be sold for cash only, and the surveyor-general and register of the state land office must make and enforce all necessary rules and regulations to prevent the sale of or issuance of any evidence of title to any timber lands of this state, except on payment, in cash, of the full price fixed therefor by law.

History: Enacted March 12, 1872; amended April 28, 1880, Code Amdts. 1880 (Pol. pt.), p. 110; March 18, 1885, Stats, and Amdts. 1884-5, p. 208.

See Kerr's Cyc. Pol. C. for 7 pars. annotation.

67 C. 5, 6, 7, 6 P. 852, 853 (applied); 76 C. 187, 188, 189, 18 P. 258, 259 (applied); 77 C. 534, 535, 20 P. 62 (construed and applied); 78 C. 4, 8, 20 P. 152, 154 (construed as amended in 1880); 83 C. 101, 110, 22 P. 55, 23 P. 359 (applied); 91 C. 112, 116, 27 P. 735, 736 (applied); 101 C. 520, 521, 522, 36 P. 6 (construed); 121 C. 503, 508, 53 P. 1090, 54 P. 270 (referred to); 136 C. 491, 495, 69 P. 148 (referred to); 3 C. A. 597, 599, 86 P. 812 (cited); 6 C. A. 346, 352, 92 P. 199 (cited).

§ 3501. AFFIDAVIT, WHEN FEMALE IS AN APPLICANT. If the applicant is a female, the affidavit must also show that she is entitled to purchase real estate in her own name.

History: Enacted March 12, 1872.

Former statute.-Hen. G. L., p. 647, § 52.

§ 3502. LAND WARRANTS RECEIVED IN PAYMENT, WHEN. 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 land granted to the state for school purposes. Such payment must be made to the register and the warrants canceled before the certificate of purchase is issued.

History: Enacted March 12, 1872.

See Kerr's Cyc. Pol. C. for 2 pars. annotation. 77 C. 204, 207, 19 P. 378, 379 (construed).

§ 3503. SCHOOL LAND, RELINQUISHMENT OF STATE TITLE, WHEN. In all cases where any person has purchased any part of a sixteenth or thirty-sixth section from the United States, or shall hereafter make such purchase, or shall be an actual settler on any sixteenth or thirty-sixth section, and entitled to a pre-emption thereto under the laws of the United States, for which lands this state has received indemnity, or will or would be entitled to indemnity under the laws of the United States, the right of the state to such sixteenth and thirty-sixth sections, or parts thereof, are relinquished to the United States for the use of such purchasers and their assignees, and of such pre-emptors. When any person who is in good faith a settler upon any such lands, fails to acquire a title thereto from the United States, he may, within six months after such failure, apply to the state to purchase the same, and his application shall have preference over all other applications for the purchase of such lands.

History: Enacted March 30, 1874, Code Amdts. 1873-4, p. 52.

ARTICLE IV.

PAYMENTS, CERTIFICATES OF PURCHASE, AND PATENTS.

$ 3512.

Payments, how made.

$ 3513. Failure to pay to work forfeiture.

§ 3517.

§ 3518.

§ 3519.

§ 3520.

$ 3521.

§ 3522. § 3523.

Compensation of recorder.

Duplicate for lost certificate of purchase.
Register to prepare patents, when.

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.

§ 3512. PAYMENTS, HOW MADE. 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 of the county in which the land, or some part thereof, is situated, 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.

History: Enacted March 12, 1872, founded upon § 23 Act March 28, 1868, Stats. and Amdts. 1867-8, p. 512.

6 C. A. 346, 352, 92 P. 199 (cited-section requires of purchaser full payment within time designated).

As to payment for school and lieu lands, see Kerr's Cyc. Pol. C. § 3494 and note pars. 39-45.

As to payment for swamp and overflowed lands, see Kerr's Cyc. Pol. C. § 3440 and note pars. 10-12.

In

§ 3513. FAILURE TO PAY TO WORK FORFEITURE. 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 void. All subsequent payments must be made to the county treasurer, in like manner, who must indorse the same upon the certificate. The treas

urer 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.

6 C. A. 346, 352, 92 P. 199 (cited-failure to pay works forfeiture).

As to effect of payment of purchase price of swamp and overflowed lands after it became due, see Kerr's Cyc. Pol. C. § 3440 and note pars. 10-12.

As to forfeiture of application to purchase of school land by failure to pay purchase price, see Kerr's Cyc. Pol. C. § 3494 and note pars. 40-45.

CERTIFICATE OF PURCHASE.

EVIDENCE OF

§ 3514. TITLE. Whenever the register receives from the county treasurer a statement showing that an 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 prima facie evidence of title.

History: Enacted March 12, 1872, founded upon § 4 Act March 28, 1868, Stats. 1867-8, p. 508; amended March 28, 1874, Code Amdts. 1873-4, p. 52.

See Kerr's Cyc. Pol. C. for 25 pars. annotation.

78 C. 4, 8, 20 P. 152, 154 (construed); 90 C. 150, 156, 27 P. 51, 52 (certificate of purchase is prima facie evidence of legal title); 96 C. 206, 209, 31 P. 37 (referred to); 98 C. 400, 403, 33 P. 397 (construed); 3 C. A. 325, 330, 85 P. 159 (construed-section was amended after § 1925 C. C. P. was adopted, and is latest law on particular subject); 99 P. 380, 382 (certificate of sale of state land as evidence-burden to controvert or overcome presumptions); 42 F. 285 (notwithstanding this, and § 3515, ejectment cannot be maintained on a state certificate of purchase).

§ 3515. CERTIFICATES OF PURCHASE MAY BE SOLD. 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.

History: Enacted March 12, 1872.

See Kerr's Cyc. Pol. C. for 16 pars. annotation.

73 C. 360, 362, 15 P. 10, 12 (cited); 84 C. 499, 504, 24 P. 302, 303 (cited); 106 C. 355, 363, 39 P. 794 (construed and applied); 115 C. 330, 335, 42 P. 418, 47 P. 52 (referred to); 151 C. 289, 296, 301, 90 P. 693 (referred to); 42 F. 285 (notwithstanding this, and § 3514, ejectment cannot be maintained on a state certificate of purchase).

§ 3516. SALE TO BE RECORDED. All such sales must, when the deed or assignment is recorded by the county recorder, be reported by him to the register, to be entered in the books of his office.

See Kerr's Cyc. Pol. C. for 2 pars. annotation. 106 C. 355, 363, 39 P. 794 (referred to).

§ 3517. COMPENSATION OF RECORDER. The recorder is entitled to receive from the purchaser, for making such report, a fee of fifty cents.

History: Enacted March 12, 1872.

§ 3518. DUPLICATE FOR LOST CERTIFICATE OF PURCHASE. If the owner of a certificate of purchase claims that it has been lost, destroyed, or is beyond his control, the register must take testimony concerning the loss, destruction, or reason why the same is beyond his control. But the party must, before the hearing make affidavit that he has not sold the said certificate of purchase, or the land described therein, and must 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, stating the name of the person to whom the same was issued and the person then claiming to own it, together with the time and place of hearing. If the register is satisfied of the loss or