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Amount due
State to be
a lien.
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33 A. 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 juris-
diction, 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 certificate are 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 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 inad-
equate; 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
land office, upon exhibitio:; 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 the 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.
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