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§ 3555-3566 (872) COSTS OF SUIT-SUBSEQUENT PURCHASER.

[Pt. IIL

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.

History: Enacted March 12, 1872.

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action to foreclose interest of defaulting purchaser of school lands is to be included in tax-costs and in judgment entered against defendant under Stats. 1867-8. If sufficient property of defendant is not found to pay such cost, cost of publication becomes charge against state to be paid out of general fund.-Lawrence vs. Booth, 46 Cal. 187, 189.

3. Personal judgment for costs of publication in suit to foreclose interest in school lands purchased from state is without jurisdiction of court.-People vs. Norris, 144 Cal. 422, 425, 77 Pac. Rep. 998.

§ 3556. SUBSEQUENT PURCHASERS MAY DEFEND SUITS AND PROTECT THEIR INTERESTS, HOW. Any person having a convey. ance 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. History: Enacted March 12, 1872.

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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.

History: Enacted March 12, 1872.

Duplicate land warrant.-Under act of March 28, 1868 (Stats. 1867-8 p. 509 §59), person is entitled to duplicate land warrant where location of original warrant was rendered invalid by fact that land located was held by adverse parties under pre

emption claims and such land was not included in 500,000 acres granted to state, and certificate of register of land office that owner of such warrant was entitled to duplicate warrant is conclusive on governor. Stuart vs. Haight, 39 Cal. 87, 91.

§ 3567. SAME. [PROVING OWNERSHIP, ETC.] 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 cancelation with the register.

History: Enacted March 12, 1872.

§3568. SAME. [REGISTER MUST CERTIFY.] 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 cancelation, 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.

History: Enacted March 12, 1872.

§ 3569. SAME. [SATISFYING REGISTER.] 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.

History: Enacted 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 affi davit of that fact with the register.

History: Enacted March 12, 1872.

§ 3571. IF LANDS SOLD ARE NOT THE PROPERTY OF THE STATE, PURCHASER TO BE REPAID. 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.

History: Enacted March 12, 1872.

1. Applied, cited, construed, referred to.
2. Construed-Recovery of amount of pay-

ment.

1. APPLIED, CITED, CONSTRUED, REFERRED TO, etc., in: Harston vs. Shanklin, 57 Cal. 558 (construed); Harston vs. Shanklin, 58 Cal. 248 (cited); Sullivan vs. Shanklin, 63 Cal. 247, 248, 249 (construed); Baird vs. Supervisors of Tulare Co., 74 Cal. 397, 399, 16 Pac. Rep. 205 (referred to); County

of San Diego vs. Schwartz, 145 Cal. 49, 50, 53, 78 Pac. Rep. 231 (cited).

2. CONSTRUED.-Recovery of amount of payment by applicant, who, after obtaining patent from state, also obtained patent from United States under act of congress approved March 1, 1877, relating to indemnity selection in California, is not authorized by showing that he had paid state for such land. Sullivan vs. Shanklin, 63 Cal. 247, 249.

§§ 3572-3574 (874)

AUDITOR'S WARRANT-APPLICATIONS—FEES.

[Pt. III.

§ 3572. SAME. [AUDITOR TO DRAW WARRANT, WHEN.] 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 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 into which the purchase money was paid.

History: Enacted March 12, 1872; amended March 30, 1878, Code
Amdts. 1877-8, pp. 63-64.

1. Applied, cited, construed, referred to.
2. Construed-Deprives board of supervisors
of all authority.

1. Applied, cited, construed, referred to, etc., in: Sullivan vs. Shanklin, 63 Cal. 247, 249 (referred to); Baird vs. Supervisors of Tulare Co., 74 Cal. 397, 399, 16 Pac. Rep. 205 (construed).

2. Construed.-Deprives board of super

visors of all authority to allow claim for purchase money of land not belonging to state, and to authorize county auditor to issue warrant for amount in certificate on state land register showing necessary facts, and hence mandamus will not lie to compel board of supervisors to allow his claim.-Baird vs. Board of Supervisors, 74 Cal. 397, 399, 16 Pac. Rep. 205.

§ 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 twentyeighth, eighteen hundred and sixty-eight, if there was not, on the twentyfourth 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.

History: Enacted March 12, 1872; amended March 9, 1893, Stats. and
Amdts. 1893, p. 116.

1. Applied, cited, construed, referred to.
2. Construed-Validates an application for

lands.

1. Applied, cited, construed, referred to, etc., in: People ex rel. Eadie vs. Noyo L. Co., 99 Cal. 456, 460, 34 Pac. Rep. 96 (construed).

As to validation of applications to purchase state lands, see ante § 3443 and note and 3495 and note.

2.

Construed.-Validates an application for lands made prior to 1870, though affidavit thereof failed to describe land by legal subdivision and was also false and fraudulent in statement that there were no improvements on said land other than his own.-People ex rel. Eadie vs. Noyo L Co., 99 Cal. 456, 460, 34 Pac. Rep. 96. See People ex rel. Lynch vs. Harrison, 107 Cal. 541, 547, 40 Pac. Rep. 956.

§ 3574. FEES TO ACCOMPANY 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 surveyorgeneral 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.

[Purchase of maps.] 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.

History: Enacted March 12, 1872; amended March 28, 1874, Code
Amdts. 1873-4, p. 53; February 10, 1876, Code Amdts. 1875-6, pp. 57-58.

1. Applied, cited, construed, referred to.
2. Construed-Makes it duty of surveyor-gen-
eral to collect fee of five dollars from
each applicant.

3. Same-Does not make it duty of surveyor-
general to file application when accom-
panied by filing fee alone.

1. APPLIED, CITED, CONSTRUED, REFERRED TO, etc., in: People vs. Gardner, 55 Cal. 304, 307 (construed and applied); Garretson vs. Board of Supervisors of Santa Barbara Co., 61 Cal. 54, 55 (cited by mistake for 3674); County of Kings vs. County of Tulare, 119 Cal. 509, 516, 51 Pac. Rep. 866 (cited); Buttle vs. Wright, 139 Cal. 624. 625, 73 Pac. Rep. 454 (construed and applied).

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from each applicant for state land, and
hence where it
appears that surveyor-
general had failed to collect these fees in
large number of instances it was error to
nonsuit action brought against him to re-
cover amount of such fees. People VS.
Gardner, 55 Cal. 304, 307.

3. Does not make it duty of surveyorgeneral to file application when accompanied by fee for filing alone, as Stats. 1889 p. 434 requires every application to purchase school lands to be accompanied by deposit of twenty dollars, and hence refusal of surveyor-general to file application was proper, and further refusal to file application as of date of receipt of first application on return of such application with required deposit of twenty dollars.Buttle vs. Wright, 139 Cal. 624, 625, 73 Pac. Rep. 454.

CHAPTER II.

THE YOSEMITE VALLEY AND MARIPOSA BIG TREE GROVE.

[Yosemite Valley and Mariposa Big Tree Grove receded to the United States by Act March 3, 1905. See HENNING'S GENERAL LAWS, p. 1494.]

§ 3584. Commissioners to manage.

§ 3585. Guardian, and his compensation.

§ 3586. Report of commissioners.

§ 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 terms of an act of congress entitled an act authorizing a grant to the state of California of the Yosemite Valley and of the land embracing the Mariposa Big Tree Grove, approved June thirteenth, eighteen hundred and sixty-four, constitute a board to manage such premises. Any vacancy occurring in the board may be filled by the appointment of the governor. The commissioners are known as "The commissioners to manage the Yosemite Valley and the Mariposa Big Tree Grove," and under such name they and their successors may sue and be sued and have full power to manage and administer the grant made and the trust created by the act of congress, and to make and adopt all rules, regulations, and by-laws for their own government and the government, improvement and preservation of such premises.

History: Enacted March 12, 1872.

§§ 3585-3597 (876)

COMMISSIONERS' REPORT-BURYING-GROUNDS.

[Pt. II.

§ 3585. GUARDIAN, AND HIS COMPENSATION. They may appoint a guardian of the premises, removable at their pleasure, who must perform such duties as they may prescribe, and may receive such compensation as they may fix, not to exceed five hundred dollars per annum.

History: Enacted March 12, 1872.

§ 3586. REPORT OF COMMISSIONERS. The commissioners must make a report of their proceedings and of the condition of the premises, through the governor, to the legislature, at every regular session thereof.

History: Enacted March 12, 1872.

CHAPTER III.

STATE BURYING-GROUNDS.

3596. Title vested in state. Who may be interred therein. § 3597. Duties of trustees.

§ 3596. TITLE VESTED IN STATE. WHO MAY BE INTERRED THEREIN. The fee to the state burying-ground, in the city cemetery of the city of Sacramento, is in the people of the state of California, and there may be interred therein any person who, at the time of his death, was a state officer, or a member of the senate or assembly.

History: Enacted March 12, 1872.

§ 3597. DUTIES OF TRUSTEES. The board of trustees of the state burying-ground have the control and management of the grounds and the expendi ture of all moneys appropriated for the maintenance or improvement thereof.

History: Enacted March 12, 1872.

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