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 1. Applied, cited, construed, referred to. 2. Approval of application and issuance of certificate before expiration of sixty days. 3. Cancelation of application-Protest and demand. 4. "Demand for order of reference." 5. Same-When necessary. 1. APPLIED, CITED, CONSTRUED, REFERRED TO, etc., in: Pollard vs. Putnam, 54 Cal. 630, 632, 633 (construed); Riddell vs. Mullan, 77 Cal. 577, 578, 20 Pac. Rep. 91 (cited); Barnum vs. Bridges, 81 Cal. 604, 605, 22 Pac. Rep. 924 (construed); Sherman vs. Wright, 133 Cal. 539, 543, 65 Pac. Rep. 1096 (construed and applied). 2. APPROVAL OF APPLICATION—And issuance of certificate of purchase before expiration of sixty days required by this section, while void, did not affect validity of application as to other applicants.-Pollard vs. Putnam, 54 Cal. 630, 634. 3. CANCELATION OF APPLICATION— Protest and demand and issuance of patent to first applicant was authorized where, after such protest and demand, contest was not referred to superior court within six months. Sherman vs. Wright, 133 Cal. 539, 543, 65 Pac. Rep. 1096. 4. "DEMAND FOR ORDER OF REFERENCE" means demand which register should obey.-Sherman vs. Wright, 133 Cal. 539, 543, 65 Pac. Rep. 1096. 5. When necessary.-No demand for approval of application to purchase state lands is necessary where there is no contest, and such application is only application on file, it being duty of surveyorgeneral in such case to approve application at expiration of six months.-Barnum vs. Bridges, 81 Cal. 604, 605, 22 Pac. Rep. 924. § 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. 1. Applied, cited, construed, referred to. 2. Contest referred to. 1. Applied, cited, construed, referred to, etc., in Wrinkle vs. Wright, 136 Cal. 491, 494, 69 Pac. Rep. 148 (construed). 2. Contest referred to is contest where two or more applicants claim same land.Wrinkle vs. Wright, 136 Cal. 491, 494, 69 Pac. Rep. 148. § 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. 1. Applied, cited, construed, referred to. 2. Construed. 3. Falsity-As to actual settlement.. 4, 5. Same As to adverse occupancy. 6,7. Same-As to suitableness for cultivation. 1. APPLIED, CITED, CONSTRUED, REFERRED TO, etc., in: Millidge vs. Hyde, 7 Cal. 5, 6, 7, 6 Pac. Rep. 852 (applied); McEntee vs. Cook, 76 Cal. 187, 189, 18 Pac. Rep. 258 (applied); Taylor vs. Weston, 77 Cal. 534, 535, 20 Pac. Rep. 62 (construed and applied); Davidson VS. Cucamonga F. L. Co., 78 Cal. 4, 8, 20 Pac. Rep. 152 (construed as amended in 1880); Cucamonga F. L. Co. vs. Moir, 83 Cal. 101, 110, 22 Pac. Rep. 55, 23 Id. 359 (applied); Kreamer vs. Earl, 91 Cal. 112, 116, 27 Pac. Rep. 735 (applied); § 3501-3503 (858) AFFIDAVIT OF FEMALE APPLICANT-SCHOOL LAND. [Pt. III. does not entitle applicant to purchase.- 6. As to suitableness for cultivation.— False statement in affidavit under § 3495 ante refers to particular tract of land, and where statement that land was suitable for cultivation as to eighty acres additional applied for, it was not error to grant applicant as to one hundred and sixty acres.Fairbanks vs. Lampkin, 101 Cal. 520, 522. 56 Pac. Rep. 6. 7. Affidavit stating that land applied for was suitable for cultivation will not defeat applicant's right to purchase part of such land, though as to legal subdivision thereof such affidavit was not true.-Fairbanks vs. Lampkin, 101 Cal. 520, 521, 522, 36 Pac. Rep. 6. § 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. § 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. 1. Applied, cited, construed, referred to. 1. Applied, cited, construed, referred to, etc., in: People vs. Morris, 77 Cal. 204, 207, 19 Pac. Rep. 378 (construed). 2. Construed not to authorize use of school land warrants in payment of purchase money of land purchased under § 3494 ante.-People vs. Morris, 77 Cal. 204, 207, 19 Pac. Rep. 378. § 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. § 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, As to payment for school and lien lands, see ante § 3494 and note pars. 39-45. As to payment for swamp and overflowed lands, see ante § 3440 and note pars. 10-12. § 3513. FAILURE TO PAY TO WORK FORFEITURE. In 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 treasurer 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. History: Enacted March 12, 1872. As to effect of payment of purchase price of swamp and overflowed lands after it became due, see ante § 3440 and note pars. 10-12. As to forfeiture of application to purchase of school land by failure to pay purchase price, see ante § 3494 and note pars. 40-45. § 3514. CERTIFICATE OF PURCHASE. EVIDENCE OF 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, 1. Applied, cited, construed, referred to. 2. Certificate of location. 3. Congress cannot interfere. 4. Contingent right to title. 5-7. Equitable title. 8. Freeholder. 9-12. Full title. 13-16. Prima facie evidence of title. 17. Same-After surrender of certificate of purchase. 18, 19. As against state merely evidence of contract to convey. 20, 21. Same-Can be contradicted and overcome by other evidence. 22. Presumptive evidence that all has been done by officer which was required. § 3514 (860) EQUITABLE TITLE-PRIMA FACIE EVIDENCE. 1. APPLIED, CITED, CONSTRUED, REFERRED TO, etc., in: McFaul vs. Pfan kuch, 98 Cal. 400, 403, 33 Pac. Rep. 397 (construed); Davidson VS. Cucamonga F. L. Co., 78 Cal. 4, 8, 20 Pac. Rep. 152 (construed). 2. CERTIFICATE OF LOCATION issued under act of April 27, 1863 (Stats. 1863 p. 591) of school land is not prima facie evidence of title so as to support action in ejectment.-True vs. Thompson, 42 Cal. 292, 297. 3. CONGRESS CANNOT INTERFERE with state in determining what constitutes evidences of title between her own citizens to all lands within her boundary.Nims vs. Palmer, 6 Cal. 8, 13; Nims vs. Johnson, 7 Cal. 110, 112. 4. CONTINGENT RIGHT TO TITLE.Certificate of purchase of school land gives holder merely contingent possibility of becoming owner at some future time upon performance of certain acts.-Directors of F. I. D. vs. Abila, 106 Cal. 355, 363, 39 Pac. Rep. 794. 5. EQUITABLE TITLE. Certificate of school land issued on payment of first instalment to purchase conveyed only an equitable title which could be perfected only by paying up balance of interest due thereon and other charges and obtaining legal title from state, and hence, where purchaser of certificate who attacked deed of interest of holder of certificate of purchase of land has failed to pay balance of purchase money, patent acquired by purchaser of interest of applicant did not inure to his benefit.-Dorn vs. Baker, 96 Cal. 206, 209, 31 Pac. Rep. 37. 6. Certificate of purchase of school land based on application to purchase and payment of first instalment of purchase money does not vest title in purchaser, and though section makes certificate prima facie evidence of title, that is, title sufficient to protect purchaser against mere intruders, it does not include state or any other person authorized by statute to contest it.McFaul vs. Pfankuch, 98 Cal. 400, 403, 33 Pac. Rep. 397. 7. Holder of certificate of purchase who has paid full amount of purchase price has sufficient title in court and action to quiet title against subsequent purchaser of same land.-Pioneer L. Co. vs. Maddux, 109 Cal. 633, 640, 50 Am. St. Rep. 67, 42 Pac. Rep. 295. 8. FREEHOLDER.-Certificate of purchase of school land does not make holder a freeholder owning land within meaning of Wright Irrigation Act.-Directors of F. I. D. vs. Abila, 106 Cal. 355, 362, 39 Pac. Rep. 794. [Pt. III. certificate of purchase of swamp-lands and receiving the money for such land, effectually parted with all its interest in lands as though patent therefor had been issued, and title vests in person authorized to receive patent.-McCabe vs. Goodwin, 106 Cal. 486, 490, 39 Pac. Rep. 941. 10. Vested right to patent from state for swamp and overflowed land is equivalent to patent so far as state is concerned. -Pioneer Land Co. VS. Maddux, 199 Cal. 633, 50 Am. St. Rep. 67, 42 Pac. Rep. 295. 11. Certificate of purchase on lands validated by act of March 27, 1872, and patent issued thereafter vests title in patentee.-Northern R. Co. vs. Jordan, 87 Cal. 23, 28, 25 Pac. Rep. 273, following Upham vs. Hosking, 62 Cal. 250. 12. Certificate of purchase of swamp and overflowed land does not pass title, and hence in suit for recovery of land, commenced after issuance of patent, statute of limitations cannot be held to have commenced running prior to date of patentEaston vs. O'Reilly, 63 Cal. 305, 309. See Manly vs. Howlett, 55 Cal. 94. 13. PRIMA FACIE EVIDENCE OF TITLE under act of March 28, 1868 (Stats. 1867-8 p. 508), though issued prior to passage of such act.-Young vs. Shinn, 48 Cal. 26, 28. 14. Certificate of purchase is not of Itself a bar to inquire into rights of person to whom it was issued. Taylor vs. Weston, 77 Cal. 534, 540, 20 Pac. Rep. 62; Directors of F. I. D. vs. Abila, 106 Cal. 355, 363, 39 Pac. Rep. 794. 15. Certificate of purchase of swamp and overflowed land is prima facie evidence of title and is sufficient to enable holder to recover in ejectment, and on its presentment to governor, if he finds whole amount of purchase money paid, he shall issue patent for land.-McCabe vs. Goodwin, 106 Cal. 486. 489, 39 Pac. Rep. 941. 16. Certificate of purchase of land granted to state for aid of state seminary, being prima facie evidence of title, will prevail in ejectment over one who does not produce better title from state.-Combs vs. Jelly, 28 Cal. 498, 502. 17. After surrender of certificate of purchase officer is custodian of document for benefit of person entitled, and hence an intruder may be ejected after same as before such certificate had been rendered.Wright vs. Roseberry, 81 Cal. 87, 89, 23 Pac. Rep. 336. does not vest title in grantee.-McFaul vs. Pfankuch, 98 Cal. 400, 403, 33 Pac. Rep. 397. 20. Can be contradicted and overcome by other evidence, and hence it may be shown that applicant was not an actual settler on land as stated in affidavit at time he made application therefor.-Davidson vs. Cucamonga F. L. Co., 78 Cal. 4, 8, 20 Pac. Rep. 152; Trimmer vs. Bode, 82 Cal. 647, 650, 22 Pac. Rep. 136. 21. And that he was not a resident of the United States.-Trimmer vs. Bode, 82 Cal. 647, 650, 23 Pac. Rep. 136. 22. PRESUMPTIVE EVIDENCE THAT ALL HAS BEEN DONE BY PROPER OFFICER WHICH WAS REQUIRED to vest legal title of such land in state of Califor nia. Watkins vs. Lynch, 71 Cal. 21, 24, 11 Pac. Rep. 808. 23. PRESUMPTION THAT LANDS INCLUDED HAVE BEEN LISTED TO STATE is not created by certificate of purchase of lieu lands.-Murphy vs. Sumner, 74 Cal. 316, 318, 16 Pac. Rep. 3. 24. WHO MAY ATTACK.-An applicant to purchase land may attack certificate of purchase to such land, he being in privity with state.-Trimmer vs. Bode, 82 Cal. 647, 650, 22 Pac. Rep. 136. 25. Trespasser on school lands is not in privity with United States so as to set up claim in ejectment that state is not entitled to such section by reason of having taken lands in lieu thereof.-Figg VS. Handley, 52 Cal. 244, 245. $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. 1. Applied, cited, construed, referred to. 2. Application to purchase. 3. Assignment of certificate of location con- 4. Assignment of certificate of purchase. 6. Conveyance of land and delivery of cer- 7. Conveyance of land carries certificate of purchase. 8,9. Deed from holder of certificate of location. 10. Failure to record assignment. 11. Foreclosure sale. 12. Sale of land by holder of certificate. 13. Sale of undivided interest. 14. Transfer of right to purchase lieu lands. 15. Who may be assignee. 16. Same-Bona fide purchaser. 1. APPLIED, CITED, CONSTRUED, REFERRED TO, etc., in: Witcher vs. Conklin, 84 Cal. 499, 504, 24 Pac. Rep. 302 (cited); Directors of F. I. D. vs. Abila, 106 Cal. 355, 363, 39 Pac. Rep. 794 (construed and applied); Marshall VS. Farmers' Bank of Fresno, 115 Cal. 330, 335, 42 Pac. Rep. 418, 47 Id. 52 (referred to). 2. APPLICATION TO PURCHASE state lands does not give applicant right which he can transfer to another.-Cadierque vs. Duran, 49 Cal. 356, 358. 5. Assignment of certificates of purchase of state lands by way of security operates as equitable mortgage on interest on land which was acquired under certificate.-Hill vs. Eldred, 49 Cal. 398, 401. 6. CONVEYANCE OF LAND AND THE DELIVERY OF THE CERTIFICATE OF RECEIVER OF LAND OFFICE BY PREEMPTIONER - Sufficient evidence of assignment of certificate and all rights conferred thereby. - Witcher vs. Conklin, 84 Cal. 499, 504, 24 Pac. Rep. 302. See Thurston vs. Alva, 45 Cal. 16. 7. CONVEYANCE OF LAND CARRIES CERTIFICATE OF PURCHASE as evidence of title, hence subsequent assignee of such certificate of purchase with knowledge of prior conveyance should procure patent to such land, although such title was in trust Cal. for grantees.-Jackson vs. Hyde, 91 463, 464, 27 Pac. Rep. 759. 8. DEED FROM HOLDER OF CERTIFICATE OF LOCATION to school lands, of all right and title to section and to school location certificate of purchase, and also all estate, right, title and interest to school location claim and demand whatsoever, conveyed all title which grantor received by subsequent issuance of patent for such land. Stanway vs. Rubio, 51 Cal. 41, 46. 9. Patent to school lands issued to one to whom quitclaim deed had been issued to authorizing him asreceive certificate of purchase to be issued to grantor, who afterwards had received certificate of purchase, though without any assignment thereof.Marshall vs. Farmers' Bank of Fresno, 115 Cal. 330, 335, 42 Pac. Rep. 418, 47 Id. 52. 3. ASSIGNMENT OF CERTIFICATE OF LOCATION-Constitutes legal title in signee, it being prima facie evidence of egal title in holder under act of April 13, 1859. Stanway vs. Rubio, 51 Cal. 41, 45. ASSIGNMENT OF CERTIFICATE OF of swamp and overflowed lands vested in purchaser whatever interest is conveyed by certificate.-Ward VS. Packard, 18 Cal. 391, 394. 4. PURCHASE 10. FAILURE TO RECORD ASSIGNMENT of certificate of purchase of swamp and overflowed lands renders such assignment |