all purchasers, or holders of certificates of purchase, who have not either paid the amount due, together with the cost of publication, or surrendered the title to the state, as provided in section three thousand five hundred and seventy, to obtain a judgment of foreclosure of the interest of the purchaser, or assignee of the purchaser in the land, and to annul the certificate of purchase. En. March 12, 1872. Am'd. 1880, 110.

Cal.Rep.Cit. 106, 363; 115, 333.

Compare: Ante, secs. 3441-3498.

§ 3549. Service of summons.

Service of the summons

in such action may be made by publication in some newspaper published in the county for four weeks, or if no newspaper is published in the county, then by posting one copy of the summons for four weeks at the courthouse door of the county, and two copies in public places in the township where the land is situated. En. March 12, 1872.

Cal. Rep. Cit. 101, 573; 103, 453; 107, 544; 107, 545.

§ 3550. Copy of decree to be filed. Twenty days after the entry of judgment the district attorney must file in the office of the register, and in the recorder's office of the county in which the land is situated, certified copies thereof. En. March 12, 1872.

Cal. Rep.Cit. 115, 333.

§ 3551. When purchaser may be restored to rights. The holder of the certificate of purchase may, at any time before such filing, pay to the sheriff the amount due the state, and the costs of suit that have accrued up to the time of payment; whereupon the district attorney must dismiss the suit or vacate the judgment, and the purchaser or holder of the certificate of purchase is restored to his rights in the premises. En. March 12, 1872.

§ 3552. When judgment binds assignee. A judgment against the purchaser binds the assignee, unless the notice of the assignment was filed with the register before the commencement of the action. En. March 12, 1872.

3553. Compensation of district attorney. The district attorney is entitled to receive ten dollars for each suit brought, to be taxed as costs. En. March 12, 1872.

Cal. Rep.Cit. 71, 120; 131, 549; 131, 551; 135, 516.

§ 3554. Afer filing decree, land subject to sale. After judgment foreclosing the interest of the purchaser or the holder of the certificate has been entered, and the certified copies filed, the land is again subject to entry and sale. En. March 12, 1872.

Cal.Rep.Cit. 71, 120; 106, 363.

§ 3555.

Costs of suits taxed and collected. Upon the rendition of a judgment foreclosing the interest of the purchaser or of his assigns in the land, and annulling the certificate of purchase, judgment for costs must be entered against the defendant; but if execution issued thereon is returned not satisfied, the judgment and costs must be paid from the principal or interest paid by the purchaser at the time of the original location. En. March 12, 1872.

Act to enable purchasers to redeem the land: See act 'approved March 7, 1881; Stats. 1881, p. 65.

$3556. Subsequent purchasers may defend, etc. Any person having a conveyance of the whole or any portion of the lands described in any certificate of purchase, to annul which suit has been commenced, but to whom the certificate has never been surrendered, may defend such action; and if it appears to the court that he is entitled to any portion of the lands described, and the holder of such certificate does not pay the amount due, the court must order the certificate annulled and a new one to issue to such person upon payment into court by him of the amount due the state upon the whole tract; and such person is thereupon entitled to two certified copies of the decree, one of which he must file in the county recorder's office, and the other with the register. En. March 12, 1872.

Cal. Rep.Cit. 131, 549.

ARTICLE VII.

MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS. Duplicates for lost or defaced land warrants.

§ 3566.

§ 3567. 3568.

§ 3569. § 3570.

3571. § 3572.

3573. § 3574.

Same.

Same.

Same.

Abandonment of entry or location, how made.
If lands sold are not the property of the state.
Same.

Certain applications made valid.
Fees on application.

§ 3566. Duplicates for lost or defaced land warrants. Any person making application for a duplicate school land warrant, in lieu of one lost or destroyed, must make proof by affidavit to the register that he is the owner of such warrant, that it has not been located, and of the facts establishing the loss or destruction thereof, and must file with the register a bond, with two or more sureties, to be approved by the register, payable to the state of California, in double the value of the warrant, conditioned that the warrant will not be presented for location. En. March 12, 1872.

§ 3567. Same. When for want of a proper acknowledgment of an assignment of the original land warrant, or partial destruction or defacement thereof, or for any other cause, it cannot be made available, the applicant must prove that he is the owner of the warrant, and that it has not been located, and must file the original for cancellation with the register. En. March 12, 1872.

§ 3568. Same. The register must certify that the aplicant is entitled to a duplicate warrant in lieu of the one proved to have been lost or destroyed or presented for cancellation, and upon presentation of such certificate to the governor he must deliver to the applicant a duplicate warrant bearing the same number as the original warrant, with the word "Duplicate" written across the face thereof, which duplicate has the same force and effect as the original. En. March 12, 1872.

§ 3569. Same. The register must not give the certifi cate until he is satisfied that the original has not been located, or, if located, that the lands have not been and will not be charged by the federal government as part

of the five hundred thousand acres of land granted to this state. En. March 12, 1872.

§ 3570. Abandonment of entry or location, how made. Whenever a purchaser of land upon credit desires to abandon the location or entry made by him, he may do so by conveyance of his title to the state and surrender of the certificate of purchase, or, if it has been lost, by filing an affidavit of that fact with the register. En. March 12, 1872.

Forfeiture for non-payment of installments: sec. 3513.

See ante,

§ 3571. If lands sold are not the property of the state. If any land sold is not the property of the state the holder of the certificate of purchase or patent may receive in exchange therefor from the register a certificate showing the amount paid and the class of land upon which the payment was made. En. March 12, 1872.

Cal.Rep.Cit. 57, 558; 58, 248; 63, 248; 63, 249; 74, 399. § 3572. Same. If the land sold was swamp and overflowed the county auditor of the county in which the land is situated must, upon the surrender to him of the certificate mentioned in section three thousand five hundred and seventy-one, draw his warrant in favor of the person surrendering such certificate for the amount therein specified, upon the treasurer of the county, who must pay the same out of the swamp and overflowed land fund of the district in which the land is situated. If the land sold was not swamp and overflowed, the controller of state, upon the surrender to him of such certificate, must draw his war rant in favor of the person surrendering the same, for the amount therein specified, upon the treasurer of state, who must pay the same out of the fund into which the purchase money was paid. En. March 12, 1872. Am'd. 1877-8, 63.

Cal.Rep.Cit. 63, 249; 74, 399.

§ 3573. Certain applications made valid. All applications made prior to March twenty-fourth, eighteen hundred and seventy, for the purchase of lands under the provisions of "An act to provide for the management and sale of lands belonging to the state," approved March twenty-eighth, eighteen hundred and sixty-eight, if there

was not, on the twenty-fourth day of March, eighteen hundred and seventy, two or more applicants for the purchase of, or conflicts between claimants of, the same land, where the purchase has been completed and patent issued, are valid, although the affidavits on which such applications were based are neither in form nor substance in compliance with the provisions of such act. En. March 12, 1872. Am'd. 1893, 116.

Cal.Rep.Cit. 99, 460.

§ 3574. Fees on application. Each application for lands must be accompanied by a fee of five dollars, and no application shall be received, filed, or noted in any way until such fee is paid. The surveyor-general shall charge the same fees as are allowed the register for like services; and all fees collected by either the surveyor-general or register shall be paid into the state treasury on the first Monday of each and every month, and placed to the credit of the general fund; and said officers shall, on the first Monday of each month, make a written report to the state controller, stating the amount of fees so paid, together with the sources from which they were derived, and the several amounts, by items. The surveyor-general and register, whenever it may be necessary, may purchase such maps and records as the needs of their office may demand, but all claims against the state, authorized by this section, shall be certified to the state board of examiners, and if the same be allowed, the board shall direct the controller of state to draw his warrant in payment of the same, payable out of the general fund. En. March 12, 1872. Am'd. 1873-4, 53; 1875-6, 57.

3584. Commissioners to manage. The governor of this state and the eight other commissioners appointed by the governor on the twenty-eighth day of September, eighteen hundred and sixty-four, in accordance with the