Affidavit of purchasers. Occupants of 16th and cations. of learning, the unsold portion of the ten sections granted to the SEC. 52. Whenever any resident of this State desires to pur- SEC. 53. Every occupant of a sixteenth or thirty-sixth section 36th sections shall be protected in his or her occupancy for six months after to file appli- the passage of this Act; and after the expiration of that time, any person settling upon a sixteenth or thirty-sixth section shall have sixty days after such settlement in which to file the application required in the preceding section. All applications filed in the Surveyor-General's office prior to the expiration of said. six months shall be retained until the end of that time before approval; and after the expiration of said six months all applications shall be retained in said office for sixty days before approval. If two or more shall claim the same land, the contest shall be determined as provided in section seventeen of this Act; but no person shall have a right to purchase by reason of any settlement or improvement, unless application shall have been made within the time above prescribed. Whenever any resident of the State desires to purchase any of the other lands mentioned Applicants section fifty-t of this Act, except the sixteenth and thirtysixth sections, he or she shall make an affidavit, before any officer authorized to administer oaths, that he or she is a citizen of the United States (or if a foreigner, then that he has filed his intention of becoming a citizen), a resident of the State, of lawful age; that he or she desires to purchase said lands (giving a for other lands. description by legal subdivisions) under the provisions of this Act, and that there is no improvements of any kind on said land other than those of the applicant; and if the applicant be a female, then that she is entitled to purchase and hold real estate in her own name under the laws of the State; which application shall be forwarded to the Surveyor-General. SEC. 54. Warrants issued in pursuance of an Act to provide Land warfor the disposal of the five hundred thousand acres of land rants. granted to this State by Act of Congress, that the people of the State of California may avail themselves of the benefits of the eighth section of the Act of Congress approved April fourth, eighteen hundred and forty-one, chapter sixteen, entitled an Act to appropriate the proceeds of the sales of the public lands and to grant pre-emption rights, the following provisions are hereby enacted, approved May third, eighteen hundred and fiftytwo, shall be taken in payment of any part of the said grant in the above title described; provided, that the said warrants shall be paid directly to the Register of the State Land Office, and shall be by him cancelled, before a certificate of purchase shall issue for the said lands. SEC. 55. Each application for school lands under the provis- Fees. ions of this Act shall be accompanied by a fee of five dollars. The Surveyor-General, in addition thereto, shall demand and receive the same fees allowed the Register of the State Land Office for like service, and all fees collected by him shall be paid into the State Treasury. ceived for ed in State SEC. 56. It shall be the duty of the Board of Examiners Moneys recreated by an Act approved April twenty-first, eighteen hun- school lands dred and fifty-eight, entitled an Act to create a Board of Exam- to be investiners, to define their powers and duties, and to impose certain bonds. duties upon the Controller and Treasurer, whenever it shall appear to said Board that the Treasurer of State has received into the Treasury the sum of ten thousand dollars or upwards, paid in as purchase money for any portion of the five hundred thousand acres granted to the State for school purposes, for the sixteenth and thirty-sixth sections, or lands in lieu thereof, and as often thereafter as the like sum shall have been paid in as aforesaid, to purchase bonds of the civil funded debt of the State issued since the first day of January, A. D. eighteen hundred and fifty-eight, or that may be hereafter issued, to the amount said money paid in as aforesaid will purchase at the lowest price at which they may be purchased, after advertising for two weeks in one daily newspaper published in the City of San Francisco, and one in the City of Sacramento, for sealed proposals for the sale of said bonds. The said Board shall open said proposals at the time and place specified in said publication, in the presence of the Treasurer and Controller of State, and accept only of such proposals as offer bonds at the greatest discount to the amount of funds in the Treasury, paid in as purchase money for school lands, will purchase. Said Board shall audit the amount due said bidder or bidders for his or their bonds, which amount shall be certified to the Controller of State by said Board; the Controller shall then draw his warrant on the Treasurer for the amount audited by said Board, and said Board of Examiners shall deliver said warrants Fund. to the persons in whose favor they are drawn; and the bonds so purchased shall be delivered to the State Treasurer, who shall keep said bonds as a special deposit in his custody, marked State School "School Fund," to the credit of said School Fund; provided, however, that no bonds shall be purchased at more than par value. All interest paid into the Treasury under the provisions of this Act shall be subject to the order of the State Board of Education. It is further provided, that if at any time the Board of Examiners shall have at their disposal the sum of ten thousand dollars or upwards, to be invested as contemplated in this Act, for the benefit of the State School Fund, and they shall deem it for the best interests of said fund, the said Board are hereby authorized and empowered to become bidders for the purchase of California State bonds, should the Treasurer of State have advertised at such times for the sale and disposal of bonds under any law already passed or that may hereafter be passed by the Legislature of this State; the bids of the said Board to be made according to law, and to be received by the Treasurer of State in the same manner and under the same restriction as if received from individuals; and if upon the opening of said bids it is found that the Board of Examiners are entitled to receive the amount of their bid, or any portion thereof, the Treasurer of State shall deliver to the said Board the amount of bonds to which they are entitled under the provisions of his advertisement, and the Controller of State shall draw his warrant in favor of the Treasurer for the amount of the bid of said Board accepted by said Treasurer of State, and the bonds so awarded and delivered to the Board of Examiners shall be at once placed to the credit of the State School Fund, to be held by the State Treasurer as a special deposit for said School Fund. SEC. 57. All moneys, securities or other property arising from ral, Mining the sale of the seventy-two sections granted to the State for a ic Arts Col- seminary of learning, and from the sale of the ten sections granted to the State for the erection of public buildings, whether as principal or interest, shall be paid out of the State Treasury or delivered over, on the order of the Board of Directors of the Agricultural, Mining and Mechanical Arts College, or to such other corporation or Board as shall be appointed to succeed or represent them. Agricultu and Mechan lege. Delinquent SEC. 58. All persons who have purchased any portion of either purchasers. of the grants mentioned in the preceding section on a credit are hereby required to pay the principal and any interest that may be due within one year after the passage of this Act. All amounts remaining unpaid at the end of that time shall be included in the delinquent list provided in section six of this Act; and the District Attorney shall proceed against such delinquents as provided in sections sixty-five, sixty-six, sixty-seven and sixty-eight of this Act. Duplicates for lost war. rants. SEC. 59. Any person making application for a duplicate school land warrant, in lieu of one alleged to have been lost or destroyed, shall make satisfactory proof, by affidavit of himself or others, to the Register of the State Land Office, that the party applying therefor is the bona fide owner of such warrant, that the same has not been located, and of the facts establishing the loss or destruction of the same, and shall file with the Reg for lost warrants. ister of the State Land Office a good and sufficient bond, in Duplicates form joint and several, with two or more sureties, to be approved by said Register, payable to the State of California in double the value of said school land warrant, conditioned that the said warrant alleged to have been lost or destroyed shall not be presented for location; and in any case where, for want of a proper acknowledgment of an assignment of the original, or partial destruction or defacement thereof, or for any other cause, it cannot be made available, the applicant shall make affidavit that he is the owner of the warrant, together with affidavit of any other person or persons, to the satisfaction of the Register, showing the fact of the assignment and that such warrant has not been located, and shall file the original warrant for cancellation with the Register of the State Land Office. The said Register shall certify that the applicant is entitled to a duplicate school land warrant in lieu of the one proven to have been lost or destroyed, or presented for cancellation, and upon presentation of such certificate to the Governor he shall prepare and deliver to the said applicant a duplicate warrant bearing the same number as the original warrant, having the word "Duplicate" written across the face thereof, which said warrant when so issued shall be of the same validity and have the same force and effect as the original. The Register of the State Land Office shall in no case give the certificate above required until he shall “ be satisfied that the original has not been located, or, if located, that the lands so located have not been and will not be charged to this State by the Federal Government as a portion of the five hundred thousand acres of land granted to this State for internal improvements. College. SEC. 60. The Board of Directors of the Agricultural, Mining Lands for and Mechanical Arts College, or such corporations as may be Agriculture appointed by law to succeed them, shall have power to order the selection of the grant of 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 such price and in such manner as they shall deem best for the interests of the college; and it shall be the duty of the Surveyor-General, as the agent of the State, to select the lands in the United States Land Offices, according to the instructions of said Board or corporation; and it shall be the duty of the Register of the State Land Office to issue certificates of purchase and patent to purchasers who comply with the conditions ordained by the said Board or corporation, in the manner prescribed in sections four and five of this Act; and the said Board or corporation shall invest any and all moneys accruing from the sale of said lands as they shall deem best, subject only to the conditions of the Act of Congress granting said lands. PART IV.-MISCELLANEOUS PROVISIONS. tificates. SEC. 61. If any person, being the legal holder of a certificate Duplicates of purchase for any State lands, shall claim that said certificate for lost cerhas been lost or destroyed, the Register of the State Land Office shall proceed to take such ex parte testimony as he shall deem expedient concerning the loss of the same; provided, that Death of patentee If lands sold not State property. Location said party so applying shall, before the hearing of said matter, publish a notice in some newspaper published in the county where the said land is situated; or if there be no newspaper published in the county, then in some newspaper of general circulation in the county, for at least four consecutive 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 said Register shall be satisfied of the loss or destruction of said certificate, he shall issue to the legal owner thereof a duplicate certificate, which shall have the word. "Duplicate" plainly written across the face thereof with red ink. Said duplicate, when issued, shall have all the force and effect of an original. If there shall be a contest as to the issuance of a duplicate certificate, the Register shall hear and determine said contest, or transfer the same to the proper Court, as provided in section seventeen of this Act. SEC. 62. In all cases where patents for lands have been or may hereafter be issued, in pursuance of any law of this State or of the United States, to a person who has died or shall hereafter die before the date of such patent, the title to the land designated therein shall inure to and become vested in the heirs, devisees or assignees of such deceased patentee as if the patent had issued to the deceased person during life. SEC. 63. In the event of any of the lands sold by the State proving to be within the boundaries of a grant, or otherwise not the property of the State, the holder or assignee of the certificate of purchase or patent shall be entitled to receive in exchange therefor a certificate from the Register of the State Land Office that such amount has been paid. This certificate shall specify the kind or class of land upon which the said amount was paid, and the locator may present and the County Treasurer and State Treasurer shall receive the said certificate as payment for its amount, either principal or interest, upon any lands of the same class which the same purchaser or assigns may afterwards desire to locate or may already have located. SEC. 64. Whenever a purchaser of any State land upon a abandoned. credit desires to abandon the location or entry made by him, he shall do so by acknowledgment and reconveyance of his title to the State, and shall surrender the certificate of purchase, or, if the same has been lost, send to the Register an affidavit of the fact. Delinquent purchasers, SEC. 65. Upon receipt of the delinquent list aforesaid from the Register of the State Land Office, as provided in section six, the District Attorney shall add thereto a notice that if the said amount due shall not be paid in fifty days after the date thereof, he will commence suit to foreclose the interest of said purchasers in the said lands, and shall publish said list, with said notice appended, for four consecutive weeks immediately following the date of the notice; or if there shall be no newspaper published in said county, then he shall post copies of the same in at least five public places in the county. After the expiration of To be sued. the fifty days, the District Attorney shall, in the name of The People of the State of California, commence an action in the District Court against all purchasers or holders of certificates of |