ments on account of purchase of, 137; Swamp, etc., in District Number Seventy-one, Sacramento, when patents may issue, 445; Swamp Land Districts Numbers Sixty-eight, Sixty-nine, and Seventy, time extended for reclamation of, 649; Swamp, etc., relating to District Number Seventy, Sutter County, 719; swamp, etc., in Reclamation District Number One Hundred and Eight, liable for assessments, 776; Swamp Land District Number Eighteen, certain claims to be approved, 797; to provide for payment of interest on Trustees' orders against certain swamp land districts, 802; amending Act of eighteen hundred and sixty-eight to provide for drainage of Swamp Land District Number Two, 854; Swamp Land District Number Eighteen, Act in regard to, 871; payments on certain swamp and overflowed lands pledged to redemption of warrants, 873; services of Samuel Cross in investigating swamp land titles to be paid, 893; payment of Controller's warrants against Swamp Land District Number Seventeen, 906. Such of these Acts as purport to amend Acts superseded or repealed by this Chapter, are of course of none effect under Section 330, ante. They are referred to simply for convenience, as they are not of a general character. School lands; price; payment, ARTICLE III. SCHOOL LANDS. SECTION 3494. School lands; price; payment, when to be made. 3495. Affidavit on application to purchase sixteenth and thirty-sixth sections. 3496. Affidavit, when applicant is a female. 3497. Occupants protected. 3498. Applications must not be approved for sixty days. 3499. Contests, how determined. 3500. Applications for other than sixteenth and thirty-sixth sections. 3501. Affidavit, when female is an applicant. 3502. Land warrants received in payment of the purchase money of certain lands. 3494. The unsold portion of the five hundred thousand acres granted to the State for school purmade. poses, the sixteenth and thirty-sixth sections and lands selected in lieu thereof, must be sold at the rate of one when to be dollar and twenty-five cents per acre, in gold coin, payable, twenty per cent of the principal within fifty days from the date of the certificate of location issued to the purchaser, the balance, bearing interest at the rate of ten per cent per annum in advance, is due and payable within one year after the passage of any Act by the Legislature requiring such payment, or before if desired by the purchaser. NOTE.-See investment of school funds to be made by Board of Examiners, as provided by Act of 1872, given in note to Sec. 3502, post. See general Acts of 1872 in regard to sale of State lands, in note to Secs. 3429, 3488, ante, and special Acts in note to Sec. 3488, ante. In the "500,000 acre grant" the State of California became invested with a certain interest by admission into the Union.-Middleton vs. Low, 30 Cal., p. 596; Ward vs. Mulford, 32 id., p. 365; Doll vs. Meador, 16 Cal., p. 295; Megerle vs. Ashe, 27 id., p. 322; Bludworth vs. Lake, 33 Cal., p. 255. On the selection and location, see Terry vs. Megerle, 24 Cal., p. 609; Grogan vs. Knight, 27 id., p. 515; Higgins vs. Houghton, 25 Cal., p. 252; Nims vs. Johnson, 7 id., p. 110; Watson vs. Robey, 9 id., p. 52; Rhodes vs. Craig, 21 id., p. 419; Van Valkenburg vs. McCloud, 21 Cal., p. 330; Wyman vs. Banvard, 22 Cal., p. 524. Evidence of the purchase of school lands.-Richter vs. Riley, 22 Cal., p. 639; Hastings vs. Develin, 40 Cal., p. 358; Farish vs. Coon, 40 Cal., p. 33. 3495. Any person desiring to purchase any por Affidavit on application to purchase sixteenth sixth tion not less than the smallest legal subdivision of a sixteenth or a thirty-sixth section of any township and thirtywhich has been surveyed by the United States, must sections. make an affidavit that he is a citizen of the United States, or has filed his intention to become so, a resident of the State, of lawful age; that he desires to purchase such lands (describing the same by legal subdivisions) under the provisions of this Title; that he has not entered any portion of any sixteenth or thirty-sixth section which, together with that now sought to be purchased, exceeds three hundred and twenty acres; that there is no occupation of such 84-VOL. I. Affidavit, when lands adverse to any that he has; or if there is an adverse occupation, then the affidavit must show that the township has been sectionized three months, and that the adverse occupant (giving his name) has been in such occupation for more than sixty days. NOTE.-Stats. 1863, p. 593, Sec. 4; 1868, p. 507, et seq. Oath required by this section must be made and filed before rights accrue.-Dunn vs. Ketchum, 38 Cal., p. 93. 3496. If the applicant is a female, the affidavit applicant is must show that she is entitled to purchase and hold real estate in her own name. a female. Occupants protected. Applications must not be approved for sixty days. Contests, how 3497. Every occupant of a sixteenth or thirtysixth section is protected in his occupancy for three months after the township has been sectionized; and any person settling upon a sixteenth or thirty-sixth section after a township has been sectionized has sixty days after such settlement in which to file the application required in the preceding section. 3498. All applications filed in the Surveyor General's office must be retained sixty days before approval. 3499. If two or more claim the same land, the determined contest must be determined as provided in Article I 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. Applications for other than sixteenth and thirty sections. NOTE.-See Tyler vs. Houghton, 25 Cal., p. 26; Ellis vs. Jeans, 7 Cal., p. 409; Dolhegney vs. Tabor, 22 Cal., p. 379. 3500. Any person desiring to purchase any lands mentioned in Section 3494, except the sixteenth and thirty-sixth sections, must make an affidavit that he is a citizen of the United States (or has filed his intention of becoming so), a resident of the State, of lawful age; that he desires to purchase such lands (describ ing the same by legal subdivisions) under the provisions of this Title, and that there is no valid claim to such land other than that of the applicant; that he has not entered any land in part satisfaction of the grant in lieu of sixteenth or thirty-sixth sections, which, together with that now sought to be purchased, exceeds three hundred and twenty acres. when 3501. If the applicant is a female, the affidavit Affidavit, must also show that she is entitled to purchase real estate in her own name. female is an applicant. warrants received in payment of the purchase money of certain lands. 3502. School land warrants issued by authority of Land 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 ef payment must be made to the Register and the warrants canceled before the certificate of purchase is issued. NOTE.-Stats. 1871-2, p. 54. An Act to authorize the State Board of Examiners to [Enacting clause.] SECTION 1. The State Board of Examiners are hereby authorized to invest the moneys derived from the sale of State school lands, and any other moneys they may be directed to invest for the benefit of the State School Fund, in the bonds of the several counties of this State; provided, that no bonds of any county shall be received of which the debt, debts, or liabilities at the time exceed fifteen per cent of the assessed value of the taxable property of said county. SEC. 2. Whenever there shall be in said State School Fund, applicable to investment, the sum of ten thousand dollars or more, the said Board may invest said amount in the bonds of the several counties of this State, in accordance with section one of this Act; but in no case shall the said Board pay more than the par value of any bonds. SEC. 3. This Act shall take effect and be in force See Sec. 2, Art. IX, Const; Crosby vs. Lyon, 37 Payments, Failure to ARTICLE IV. PAYMENTS, CERTIFICATES OF PURCHASE, AND PATENTS. SECTION 3512. Payments, how made. 3513. Failure to pay to work forfeiture. 3514. Register to issue certificate of purchase. Certificate evidence of title. 3515. Certificates of purchase may be sold. 3516. Sale to be recorded. 3517. Compensation of Recorder. 3518. Duplicate for lost certificate of purchase. 3519. Register to prepare patents, when. 3520. Patent, how executed. 3521. Not to issue until one year after approval of survey, etc. 3522. Patents to be recorded and delivered. 3523. Effect of patent issued to deceased persons. 3512. Whenever any survey or location has been NOTE.-Stats. 1868, p. 507, et seq. When applica- 3513. In case payment is not made within fifty days, |