Reports of same.

SEC. 5. The commission shall report to the governor from time to time, as the public interests may require, and shall make a full and complete report of all their proceedings to the legislature at its next regular session.

Expenses of commission.

SEC. 6. The commission shall provide proper offices and furniture for its own use, at an expense not exceeding nine hundred dollars per annum, and for contingent expenses not to exceed twenty-five dollars per month.

Same, report to board of examiners.

SEC. 7. An itemized account of the expenses of the commission, including office rent, light, fuel, salaries, and other necessary expenses, together with the amounts expended in procuring witnesses and other testimony touching the investigation herein provided for, shall be made monthly to the board of examiners, verified by the oath of the chairman of the commission. Salaries.

SEC. 8. The members of said commission shall be paid a salary of two hundred dollars per

month each.

Board of examiners to audit accounts.

SEC. 9. The board of examiners shall audit the accounts of the commission, and when found correct shall order the controller of state to draw his warrants for the several accounts found due in favor of the persons to whom the same are due respectively.

Controller to draw warrants.

SEC. 10. The controller of state is hereby directed to draw his warrant upon the state treasurer for the several amounts audited by the board of examiners, in favor of the persons to whom the same are due respectively, and the state treasurer is hereby required to pay the same out of the general fund in the state treasury.

SEC. 11. This act shall take effect immediately.

ARTICLE V.

SELECTION AND SALE OF UNIVERSITY LANDS.

3533. Regents of university to select and sell certain lands.

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.

See statutes after sec. 3536.

3534. Land agent of university, duty of.

SEC. 3534. The land agent of the university, as the agent of the state, must select the lands according to the instructions of the board, and issue certificates of purchase and patents to purchasers who comply with the 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.

3535. Certain moneys to be paid out of treasury upon order of regents.

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.

Title to lands selected for seminary does not 467. Mineral lands cannot be selected under vest in the state until approved by the secre- the acts granting to the state tracts for semitary of the interior: Buhne V. Chism, 48 Cal. nary purposes: Burdge v. Smith, 14 Id. 380. 3536. Purchasers of certain lands who have not paid up to be included in delin

quent list.

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 thirty-five hundredand forty-seven and thirty-five hundred and forty-eight, and the provisions of

sections thirty-five hundred and forty-eight to thirty-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.

An Act concerning the selection and sale of university lands.
[Approved March 13, 1874; 1873-4, 356.]

Land contests, how determined.

SECTION 1. In all cases when a contest shall arise between two or more persons concerning the right of such persons to purchase any portion of the one hundred and fifty thousand acres of land granted to the state for the use of an agricultural college, if either party shall demand a trial in the courts of the state, the land agent of the university, as the agent of the state, shall make an order, referring said contest to the superior court of the county in which the land involved is situated, and shall enter said order in the proper record-book of his office; provided, that the party making such demand shall prosecute his contest to judgment within six months from the date of such demand, unless for cause satisfactory to the court. Either party may bring an action in the superior court of the county in which the land in question is situated, to determine such conflict; and the proffer of a certified copy of the entry, made by the said agent, hall give the said superior court full and complete jurisdiction to hear and determine said conHict; and upon the filing, with the said agent, of a copy of the final judgment of said court, he shall issue the certificate of purchase, or other evidence of title, in accordance with said final judgment. [Amendment, approved April 9, 1880; 1880, 36 (Ban. ed. 186); took effect from passage.]

Affidavit of purchaser.

SEC. 2. Whenever any resident of this state desires to purchase any part of the one hundred and fifty thousand acres of land granted to the state for the use of an agricultural college, 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 laud, giving a description thereof by legal subdivisions, and that there are no improvements of any kind on said land other than those of the applicant; or if there be improvements other than his own, then he or she shall state that such improvements are the property of (giving his or her name), and have been upon the land for three months or over, and that the town ship has been sectionized and the plats of survey filed in the land-office of the district in which the land is located, for three months or over, which application shall be forwarded to the said land agent of the university.

SEC. 3. This act shall be in force from and after its passage.

An Act to authorize the governor of the state of California to reconvey to the United States a part of the lands heretofore granted the state of California by act of congress of July second, eighteen hundred and sixty-two, and listed to the state of California, under the agricultural-college grant of one hundred and fifty thousand acres.

Preamble.

[Approved March 13, 1883; 1883, 287.]

WHEREAS, under and by virtue of an act donating public lands to the several states and territories of the United States for the benefit of agriculture and the mechanic arts, approved July second, eighteen hundred and sixty-two, and amendments thereto, the regents of the university of California, acting under and in conformity with an act of the legislature of the state of California, entitled "An act to create and organize the University of California," approved March twenty-third, eighteen hundred and sixty-eight, did select as a part of said grant cer tain lands which were duly listed to the state by the United States; and it now appearing that it is to the interest of the University of California to secure the cancellation of said selections, it is therefore necessary to reconvey to the United States said lands, and thereby secure the right to select other lands instead thereof; therefore,

The people of the state of California, represented in senate and assembly, do enact as follows: Regents to report.

SECTION 1. The regents of the University of California are authorized and required to report to the governor of the state of California a description of such of the lands granted to the state of California by authority of the act of congress of July second, eighteen hundred and sixty; two, and amendments thereto, and listed to the state of California, that should be reconveyed

to the United States.

Governor to reconvey.

SEC. 2. Whenever the report provided for in the first section of this act shall have been received by the governor, he may, and is authorized in the name and by the authority of the people of the state of California to, grant and reconvey to the United States such lands as may be embraced and described in said report.

SEC. 3. This act shall take effect and be in force from and after its passage.

534

ARTICLE VI.

PROCEEDINGS AGAINST DELINQUENT PURCHASERS.

3546. Register to furnish statement of delinquents to district attorneys.

SEC. 3546. The register must, on the first day of May of each year, forward to the district attorney of each county a statement embracing all the lands in the county upon which payments have not been made, which statement must show the name of the purchaser, the number and date of the survey or location and of the certificate of purchase, the amount paid, the amount unpaid, and the amount then due. No lands within any reclamation district must be embraced in such statement after the receipt by the register of the certificate of the board of supervisors that works of reclamation have been com

menced.

3547. Delinquent purchasers, and proceedings against.

SEC. 3547. Upon receipt of the delinquent list, the district attorney must add thereto a notice that if the amount due is not paid in fifty days after the date thereof he will commence suit to foreclose the interest of purchasers in the lands, and must publish the list and notice for four weeks immediately follow

the date of the notice in a newspaper published in the county, or if there is no newspaper published therein, then he must post copies of the same in at least five public places in the county.

3548. Proceedings against delinquent purchasers.

SEO. 3548. After the expiration of the fifty days, he must, in the name of the people of the state of California, commence actions in the superior court against 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 thirty-five hundred and seventy, to obtain a judgment of foreclosure of the interest of the purchaser, assignee of the purchaser in the land, and to annul the certificate of purchase. [Amendment, approved April 28, 1880; Amendments 1880, 110 (Ban. ed. 545); took effect immediately.]

or

See remark after sec. 3574.

3549. Service of summons.

SEC. 3549.

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 court-house door of the county, and two copies in public places in the township where the land is situated.

3550. Copy of decree to be filed.

SEC. 3550. 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.

3551 When purchaser may make payment and be restored to all rights.

SEC. 3551. 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.

3552. When judgment binds assignee.

SEC. 3552. 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.

3553. Compensation of district attorney.

SEC. 3553. The district attorney is entitled to receive ten dollars for each suit brought, to be taxed as costs.

3554. After filing decree, land subject to sale.

SEC. 3554. 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.

An Act entitled “An act to enable purchasers of state lands to redeem the same, where their titles have been or may hereafter be foreclosed for non-payment of interest."

[Approved March 7, 1881; Stats. 1881, 65.]

Redemption after foreclosure by state.

SECTION 1. In all cases where the title of purchasers of land from the state has been fore closed, or attempted to be foreclosed, or that may hereafter be foreclosed, for non-payment of interest, said purchasers, their executors, administrators, or successors in interest, shall have twelve months after said foreclosures are or have been completed, within which to redeem such land by paying to the county treasurer, for the benefit of the fund, or parties entitled thereto, all delinquent interest, and interest that would have accrued in case there had been no foreclos ure; also, all costs of foreclosure to be paid to the fund, or the parties who paid said costs. When said payments are made, and indorsed on the certificate of purchase, specifying the amount paid as interest and for costs, and duly reported to the register of the land-office, the annulments shall be canceled by said officer, and the rights of the purchasers shall thereby be fully restored.

SEC. 2. This act shall take effect and be in force from and after its passage.

3555. Costs of suits taxed and collected.

SEC. 3555. 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.

3556. Subsequent purchasers may defend suits and protect their interests, how.

SEC. 3556. 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 certi Ified copies of the decree, one of which he must file in the county recorder's office, and the other with the register.

ARTICLE VII.

MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS.

3566. Duplicates for lost or defaced land warrants.

SEC. 3566. 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.

3567. When warrant cannot be made available.

SEC. 3567. 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.

3568. Certificate of register.

SEC. 3568. The register must certify that the applicant 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.

3569. Duties of register.

SEC. 3569. The register must not give the certificate 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.

3570. Abandonment of entry or location, how made.

SEC. 3570. 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.

Forfeiture for non-payment of installments: See sec. 3513, and the note thereto.

3571. If lands sold are not the property of the state, the purchaser to be repaid. SEC. 3571. If any land sold is not the property of the state, the holder of the certificate of purchase of 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.

him: Hartson v. Shanklin, 58 Cal. 248. Nor will mandamus issue if it appears that the purchaser has acquired the title of the United States under the act "relating to indemnity school selections in California.

Mandamus to compel issuance of certificate. This action cannot be availed of through a writ of mandate where the petitioner has had an opportunity of setting up the fact in an action brought by the state against 3572. If land sold is swamp and overflowed, auditor to draw warrant for sum specified.

SEC. 3572. 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 thirty-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 warrant 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