ever. The provisions of section three thousand four hundred and ninetyfour of this code are hereby expressly made subject to the provisions of this article. Nothing herein contained, however, shall be held to prevent the state from selling its school sections in place, after the termination of extinguishment of any reservation, if such school sections have not theretofore been disposed of. Legislation § 3408b. Added by Stats. 1909, p. 682. § 3408c. Determination of bases of indemnity. Whenever there shall exist in the state of California as may be determined by the surveyorgeneral the right to select any lands from the United States, for any of the causes or reasons for which it may now or may hereafter under the laws of the United States be entitled to make indemnity selections, the surveyor-general shall ascertain from time to time the number of acres of land to which the state is entitled as indemnity and shall keep on file a statement showing of what such bases consist. In determining the bases in lieu of which the state is entitled to indemnity, the surveyorgeneral shall also include all sixteenth and thirty-sixth sections which were surveyed at the time of the withdrawal of such lands from public entry, or at any time thereafter; provided, however, that should the land department of the United States determine that such surveyed sections are improper or invalid bases, then the surveyor-general shall not be required thereafter to consider or treat said surveyed sections as valid or any bases for indemnity selections. No base or bases shall be deemed or considered or treated as proper or valid base or bases for indemnity selections, where such base or bases may exist by reason of the inclusion of the same within a reservation unless the same be included within the exterior boundaries of a permanent reservation, but all such bases shall be withheld from sale, or other disposition, until such temporary reserve or withdrawal shall have become a permanent reservation. Legislation § 3408c. Added by Stats. 1909, p. 683. § 3408d. Surveyor-general to issue indemnity certificates. Sales. Whenever the state shall be entitled to make indemnity selections for any reason, the surveyor-general shall, on behalf of the state and in the manner herein provided, issue and sell to persons qualified to purchase state lands, indemnity certificates of location or scrip, as herein provided. No person shall be entitled to purchase an indemnity certificate of location or scrip, unless he be qualified to purchase state lands as provided by law, and no person shall be entitled to purchase such a certificate representing more than six hundred and forty acres of land, nor less than the smallest legal subdivision of land as shown and indicated on the United States plats. As the surveyor-general shall ascertain, from time to time, the number of acres to which the state is entitled as indemnity, he shall sell at his office in the city of Sacramento, state of California, at public auction, to the highest bidder, for cash in gold coin, and to persons qualified to purchase state land indemnity certificates or scrip. All sales under the provisions hereof shall take place on the first Monday in the months of January, March, May, July, September and November in each year commencing at the hour of ten a. m. and if such day falls on a legal holiday, then the next business day thereafter; provided, further, that the first sale under the terms hereof shall be held on the first Monday in May, 1909. No person shall bid, purchase or buy at said sale for or on behalf of any other person, unless such person so bidding on behalf of another shall file with the surveyor-general a written authorization so to do, and shall also file an affidavit by such person intending to purchase, showing that the said last-named person is qualified to purchase state lands, and no bid shall be received or considered and no land or the right to any land will be sold and no certificate of indemnity or scrip shall be issued for less than the sum of one dollar and twenty-five cents per acre. Certificates of indemnity or scrip as herein provided shall be offered for sale and sold in such quantities as may in the discretion of the surveyor-general be deemed to be for the best interests of the state, but in no case shall indemnity certificates or scrip be offered for sale in quantities exceeding eighty acres. When certificates of indemnity or scrip are sold as herein provided, the surveyor-general shall issue to the purchaser an indemnity certificate of location or scrip, in such form as may be by him provided, containing the date of the sale, a description of the land, or statement of the facts or other cause constituting the bases by reason of which the state is entitled to indemnity, the name of the person to whom issued, the price paid therefor, and the fact that such certificate may be surrendered to the surveyor-general, and the holder and owner thereof (provided he be the original purchaser of such certificate of indemnity or scrip) shall be entitled to have selected from the vacant unappropriated lands of the United States within the state open to selection, the same number of acres as represented by the certificate surrendered, which the party who makes the surrender shall designate; provided, however, that if the land sought to be selected be suitable for cultivation, then such person must be an actual settler thereon, and in that event, he shall only be entitled to have selected or located for him not more than three hundred and twenty acres, and the said certificate, if representing more than three hundred and twenty acres, shall not be deemed to give the said person so surrendering it the right to have selected for him any more than a single individual is by law now allowed to acquire, and if any such certificates of indemnity or scrip shall represent more than three hundred and twenty acres, the said owner thereof shall be entitled to restitution for the said excess to the amount paid therefor. If the lands applied for be not open to entry the holder of a certificate of indemnity shall be entitled to apply for other lands or receive restitution to the amount paid for such certificate or certificates of indemnity or scrip. At the time of surrendering said certifi cate said person so surrendering the same shall make and file the same affidavit and application as is now required by law for the purchase of state school lands, and he shall pay all fees as provided, by law in connection with the sale of state school lands, and the issuing of evidences of title therefor. The said certificates of indemnity or scrip, however, shall be held to be, and shall be considered and accepted as the full purchase price of the land sought to be purchased by the applicant. The said certificate of indemnity shall not be subject to sale or assignment; provided, however, that if the purchaser shall die without having selected lands in accordance therewith, his successors in interest or legal representatives may surrender the said certificate and be entitled to restitu tion for the amount paid therefor. If it appears, when any certificate of indemnity or scrip is surrendered that the owner of said certificate was not qualified to purchase state lands when the said certificate was purchased, the said certificate shall be canceled and become null and void and he shall be entitled to restitution therefor. The surveyor-general shall have the right to continue any sale, when he shall deem it to the interest of the state so to do, to the next sale date thereafter. Whenever it is made to appear to the satisfaction of the surveyor-general that the base or bases named in any certificate of indemnity or scrip is or are invalid, or has or have been used in a previous state indemnity selection, or will not be accepted by the land department of the United States, the owner and holder thereof may surrender said certificate of indemnity or scrip to the surveyor-general and said certificate of indemnity or scrip shall be canceled and the surveyor-general shall issue a new certificate of indemnity or scrip in lieu thereof containing an equal amount of acres of valid bases, and if the base land described in the said canceled certificate of indemnity or scrip has been used in making a state indemnity selection for said owner, the surveyor-general shall forward to the United States land office an amendatory of said state indemnity selection by substituting the base land described in the new certificate of indemnity or scrip for the base land in the certificate canceled by him. If any certificate of indemnity or scrip has been lost or destroyed the owner thereof may, upon filing an affidavit with the register of the state land office showing the facts constituting such loss or destruction, have issued to him a duplicate thereof, across the face of which shall be marked in red ink the word "duplicate," and which shall have the same force and effect as the original. No person shall be considered as having made an entry of state lands under the provision of this article until the lands have been listed to the state. Whenever in accordance with the provisions of this article any person shall have the right to recover from the state of California any sum of money paid by him for a certificate of indemnity or scrip, he shall surrender the same to the surveyor-general who shall thereupon cancel the same and issue to him a certificate showing the amount paid and the class of land upon which the payment was made, and upon the surrender of such certificate to the controller of state he must draw his warrant in favor of the person surrendering the same for the amount therein specified, upon the treasurer of the state, who must pay the same out of the fund into which the purchase money was paid. All the provisions of the laws of this state governing the sale and disposition of state school land, where not in conflict with the provisions hereof, shall apply equally to lands purchased upon the surrender of certificates of indemnity or scrip. All moneys received by the surveyorgeneral under the provisions hereof shall be disposed of by him in the same manner as other moneys received from the sale of state school lands. [Amendment approved 1911; Stats. 1911, p. 1412.] Legislation § 3408d. 1. Added by Stats. 1909, p. 684. 2. Amended by Stats. 1911, p. 1412. § 3408e. Agreement not to bid or purchase. Penalty. It shall be unlawful for any person, in any manner or by any means whatever, either before or at the time of the public sale herein provided for, to bargain, contract or agree, or attempt to bargain, contract or agree with any other person, that the last-named person shall not bid or purchase at said public sale herein mentioned, or by intimidation, combination or other unfair means hinder or prevent, or attempt to hinder or prevent any person from bidding at said sale, or enter into any agreement or secret understanding for the purpose of preventing any person from bidding or purchasing at said sale, or attempting to prevent or hinder the said sale in any manner or entering into any agreement, or secret understanding that the person bidding at said sale shall thereafter convey or dispose of any lands to any other person. Any person or persons violating the provisions hereof shall be punished by imprisonment in the county jail or state prison for a period of not less than one year nor more than five years, or by a fine of not exceeding one thousand dollars, or by both such fine and imprisonment. Legislation § 3408e. Added by Stats. 1909, p. 687. § 3408f. Indemnity certificates may be exchanged for money paid. Warrant drawn by controller. Whenever the purchaser or owner of an indemnity certificate of location or scrip, purchased pursuant to the provisions of section 3408d of the Political Code, desires to receive from the state the amount of money paid therefor, he shall surrender the same to the surveyor-general who shall thereupon cancel same, and issue to him a certificate showing the amount paid therefor. Upon surrender of the certificate, so issued by the surveyor-general, to the controller of state he must draw his warrant in favor of said purchaser or owner 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; provided, that in cases where certificates of purchase have been issued for the land selected in lieu of the base described in the indemnity certificate of location or scrip, the owners of the certificates of purchase shall be governed by the provisions of section 3571 of the Political Code. Legislation § 3408f. Added by Stats. 1915, p. 215. The surveyor § 3409. Statement as to condition of school sections. general must, after the survey of any township by the United States surveyor-general, obtain from the United States land office a statement, showing whether or not the sixteenth and thirty-sixth sections therein belong to the state. Application to purchase sixteenth and thirty-sixth sections: See § 3495, post. § 3410. Registers and receivers, how compensated for services. pealed 1909; Stats. 1909, p. 682.] State board of examiners: Ante, §§ 654-685. [Re Stats. Legislation § 3410. 1. Enacted March 12, 1872; based on 1867-68, p. 510, § 14, as amended by Stats. 1869-70, p. 14, § 1. 2. Repealed by Stats. 1909, p. 682. § 3411. Surveyor-general to represent state in contests relating to lands. The surveyor-general must represent the state in all contests between it and the United States in relation to public lands. Legislation § 3411. Enacted March 12, 1872; based on Stats. 1867-68, p. 510, § 15. § 3412. Place of taking testimony to be fixed. When he desires to take testimony under the provisions of the act of Congress to quiet land titles in California, passed July, eighteen hundred and sixty-six, he must request the United States surveyor-general to fix a place convenient of access by the witnesses, and the time for taking such testimony. Legislation § 3412. p. 510, § 15. Enacted March 12, 1872; based on Stats. 1867-68, § 3413. Attorney-general, attendance. Traveling expenses. He may require the attorney-general to attend and represent the state at the taking of such testimony; and the traveling expenses of each are a charge against the state. All claims for traveling expenses must be audited and allowed by the board of examiners, and paid out of the general fund. But not more than fifteen hundred dollars must be allowed in any one year for such expenses. Board of control: Ante, §§ 654 et seq. p. 510, § 15. Enacted March 12, 1872; based on Stats. 1867-68, § 3414. Contest as to approval of surveys, etc., how disposed of. When a contest arises concerning the approval of a survey or location before the surveyor-general, or concerning a certificate of purchase or other evidence of title before the register, the officer before whom the contest is made may, when the question involved is as to the survey, or one purely of fact, or whether the land applied for is a part of the swamp or overflowed lands of the state, or whether it is included within a confirmed grant, the lines of which have been run by authority of law, proceed to hear and determine the same; but when, in the judgment of the officer, a question of law is involved, or when either party demands a trial in the courts of the state, he must make an order referring the contest to the district court of the county in which the land is situated, and must enter such order in a record-book in his office. Form of application to purchase sixteenth and thirty-sixth sections: See post, § 3495. Same of swamp land: Post, § 3443. Legislation § 3414. Enacted March 12, 1872; based on Stats. 1867-68, p. 511, § 17. § 3415. Contest of right to purchase state lands, how disposed of. After such order is made, either party may bring an action in the superior court of the county in which the land in question is situated, to determine the conflict, and the production of a certified copy of the entry, made by either the surveyor-general or register, gives the court full and complete jurisdiction to hear and determine the action. Any person, legally qualified to purchase from the state public lands of the same character as the land involved in said action, may, after such order of reference has been made, present to the surveyor-general his application, in due form as required by law, to purchase said land, or any part thereof not less than the smallest legal subdivision, and upon presenting to the court in which such action is pending, a certificate of the surveyor-general, showing that such application has been so presented and a certified copy of such application, the court may, at any time before the trial, upon such terms as may be just, allow such party to intervene |