ART. 54] PAYMENT OF FEES—LIEN. 1411

warrant pay for the vacant land included in the certificate of
survey fifty cents per acre, and shall in addition pay the value
of any improvements there may be on such vacant land, but
there shall be deducted from the purchase money aforesaid the
sum which the party paid as caution upon obtaining the war-
rant, 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.

Owings v. Norwood's Lessee, 2 H. & J. 96. Lee v. Hoye, 1 Gill, 188.
Cunningham v. Browning, 1 Bl. 299.

1894, ch. 191, sec. 33 A. 1902, ch. 532. 1904, ch. 570.
38. 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 con-
ducted 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 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 sole, 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 reasonable
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 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 a patent under the 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