400 LAND OFFICE. [ART. 54

and the real value of the improvements thereon; if any person
shall fail to pay within one year, as required by this and the pre-
ceding sections, the land may be taken up by any other person
under a proclamation warrant or escheat warrant, as the case may
be.

1894, ch. 181.

33 A. The amounts due the State upon any certificate of sur-
vey 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 improvements due on said cer-
tificate is paid within the time specified in said notice, not less
than sixty days 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 commis-
sioner of the land office may sell said certificate at public auction,
for cash, after reasonable notice of such sale inserted in some
newspaper published in the county where the land lies, the com-
missioner reserving the right to reject any bid if he deems the
price offered inadequate; and the purchaser of such certificate
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 patent under the
rules of the laud office, upon exhibition of the proof of assign-
ment. This section to apply only to those cases in which more
than one year has elapsed since the date of the warrant; and
nothing herein contained shall prevent any person from obtain-
ing a proclamation warrant on such certificate as fully as if this
section had not been enacted.

Ibid.

36. Every certificate of survey shall be returned to the land
office within six months from the date of the warrant.