LAND OFFICE. 1943

An. Code, sec. 35. 1904, sec. 35. 1888, sec. 33. 1861, ch. 3. 1894, ch. 191. 1918, ch. 151.

34. Every person who has obtained a warrant to survey vacant or
escheat land shall within one year from the date of such warrant pay for
the vacant land included in the certificate of survey not less than fifty cents
per acre, or such sum per acre as shall be assessed by the Commissioner of
the Land Office based upon, but not exceeding, the value of similar land
as assessed by the county or city authorities for land in the vicinity of such
vacant land, and shall in addition pay the value of any improvements there
may be on such vacant land, but ther.e shall be deducted from the purchase
money aforesaid the sum which the party paid as caution upon obtaining
the warrant, and for land which has escheated two-thirds of the real value
of the same and the real value of the improvements thereon; if any person
shall fail to pay within one year, as required by this and the preceding
sections, the land may be taken up by any other person under a proclamation
warrant or escheat warrant, as the case may be.

A presumption will not be made in support of title acquired in violation of rules

of land office. Lee v. Hoye, 1 Gill, 202. And see Hutchins v. Erickson, 1 H. & McH.

339.
See notes to secs. 29, 32 and 40.

An. Code, sec. 36. 1904, sec. 36. 1894, ch. 191, sec. 33A. 1892, ch. 532. 1904, ch. 570.

35. The amounts due the State upon any certificate of survey for fees
and for composition or purchase money and the value of improvements are
hereby declared to be a lien upon the land surveyed; and the commissioner
of the land office is authorized in his discretion, whenever the amount
involved justifies it, to enforce said lien either by appropriate action in
the name of the State in a court of competent jurisdiction or by a sale of
the certificate of survey, which sale shall be conducted in the following
manner: He shall first give notice in writing to the party in whose name
said certificate was returned, or to the assignee thereof, that unless the
amount of the fees, composition or purchase money and value of improve-
ments due on said certificate is paid within the time specified in such
notice, not less than two months from the date thereof, the said certificate
will be offered for sale, and if the amount due the State, as aforesaid, is
not paid within the time specified in said notice, the commissioner of the
land office may sell said certificate at public auction for cash after reason-
able notice of such sale inserted in some newspaper published in the county
where the land lies, the commissioner reserving the right to reject any bid
if he deems the price offered inadequate; and the purchaser of such cer-
tificate shall be entitled to a patent thereon upon the payment of the price
bid and the fees for patent, in the same manner as an assignee of the
certificate would be entitled to a patent under the rules of the land office,
upon exhibition of the proof of assignment. This section to apply only
to those cases in which more than one year has elapsed since the date of
warrant, and nothing herein contained shall prevent any person from
obtaining a proclamation warrant on such certificate as fully as if this
section had not been enacted. If the amount involved does not justify in
proceeding as above, the commissioner, after giving at least two months'
notice in writing to the owner of the certificate of the amount due thereon