ARTICLE VII.

MISCELLANEOUS PROVISIONS RELATING ΤΟ PUBLIC LANDS.

§ 3566. Duplicates for lost or defaced land warrants. § 3567. Same.

§ 3570. Abandonment of entry or location, how made. If lands sold are not the property of the State. Same.

§ 3571.

§ 3572.

$3573. Certain applications made valid. § 3574. Fees, application of.

§ 3566. Any person making application for a duplicate school land warrant, in lieu of one lost or destroyed, must make proof by affidavit to the Register that he is the owner of such warrant, that it has not been located, and of the facts establishing the loss or destruction thereof, and must file with the Register a bond, with two or more sureties, to be approved by the Register, payable to the State of California, in double the value of the warrant, conditioned that the warrant will not be presented for location.

§ 3567. When for want of a proper acknowledgment of an assignment of the original land warrant, or partial destruction or defacement thereof, or for any other cause, it cannot be made available, the applicant must prove that he is the owner of the warrant, and that it has not been located, and must file the original for cancellation with the Register.

§ 3568. The Register must certify that the applicant is entitled to a duplicate warrant in lieu of the one proved to have been lost or destroyed or presented for cancellation, and upon presentation of such certificate to the Governor he must deliver to the applicant a duplicate warrant bearing the same number as the original warrant, with the word "Duplicate" written across the face thereof, which duplicate has the same force and effect as the original.

§ 3569. The Register must not give the certificate until he is satisfied that the original has not been located, or, if located, that the lands have not been and will not be charged by the Federal Government as part of the five hundred thousand acres of land granted to this State.

§ 3570. Whenever a purchaser of land upon credit desires to abandon the location or entry made by him, he may do so by conveyance of his title to the State and surrender of the certificate of purchase, or, if it has been lost, by filing an affidavit of that fact with the Register.

Forfeiture for non-payment of installments: See sec. 3513.

§ 3571. If any land sold is not the property of the State the holder of the certificate of purchase or patent may receive in exchange therefor from the Register a certificate showing the amount paid and the class of land upon which the payment was made.

§ 3572. If the land sold was swamp and overflowed the County Auditor of the county in which the land is situated must, upon the surrender to him of the certificate mentioned in section three thousand five hundred and seventy-one, draw his warrant in favor of the person surrendering such certificate for the amount therein specified, upon the Treasurer of the county, who must pay the same out of the Swamp and Overflowed Land Fund of the district in which the land is situated. If the land sold was not swamp and overflowed, the Controller of State, upon the surrender to him of such certificate, must draw his warrant in favor of the person surrendering the same, 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. [Amendment approved March 30, 1878; amendments 187778, p. 63. In effect March 30, 1878.]

§ 3573. All applications made prior to March twenty-fourth, eighteen hundred and seventy, for the purchase of lands under the provisions of "An act to provide for the management and sale of lands belonging to the State," approved March Pol. Code-61.

twenty-eighth, eighteen hundred and sixty-eight, if there was not, on the twenty-fourth day of March, eighteen hundred and seventy, two or more applicants for the purchase of, or conflicts between claimants of, the same land, where the purchase has been completed and patent issued, are valid, although the affidavits on which such applications were based are neither in form nor substance in compliance with the provisions of such act. [Amendment approved March 9, 1893; Stats. 1893, p. 116. In effect immediately.]

§ 3574. Each application for lands must be accompanied by a fee of five dollars, and no application shall be received, filed, or noted in any way until such fee is paid. The Surveyor General shall charge the same fees as are allowed the Register for like services; and all fees collected by either the Surveyor General or Register shall be paid into the State Treasury on the first Monday of each and every month, and placed to the credit of the General Fund; and said officers shall, on the first Monday of each month, make a written report to the State Controller, stating the amount of fees so paid, together with the sources from which they were derived, and the several amounts, by items. The Surveyor General and Register, whenever it may be necessary, may purchase such maps and records as the needs of their office may demand, but all claims against the State, authorized by this section, shall be certified to the State Board of Examiners, and if the same be allowed, the Board shall direct the Controller of State to draw his warrant in payment of the same, payable out of the General Fund. [Amendment approved February 10, 1876; amendments 1875-6, p. 57. In effect February 10, 1876.]

CHAPTER II.

THE YOSEMITE VALLEY AND MARIPOSA BIG TREE GROVE.

§ 3584.

$3585.

Commissioners to manage.

Guardian and his compensation.

§ 3586. Report of Commissioners.

§ 3584. The Governor of this State and the eight other Commissioners appointed by the Gov

ernor on the twenty-eighth day of September, eighteen hundred and sixty-four, in accordance with the terms of an Act of Congress entitled an act authorizing a grant to the State of California of the Yosemite Valley and of the land embracing the Mariposa Big Tree Grove, approved June thirteenth, eighteen hundred and sixty-four, constitute a board to manage such premises. Any vacancy occurring in the board may be filled by the appointment of the Governor. The Commissioners are known as "The Commissioners to manage the Yosemite Valley and the Mariposa Big Tree Grove," and under such name they and their successors may sue and be sued and have full power to manage and administer the grant made and the trust created by the Act of Congress, and to make and adopt all rules, regulations, and bylaws for their own government and the government, improvement and preservation of such premises.

Commissioners, nine in number, are

ecutive officers: Sec. 343.

Reference to section: See sec. 357.

erally to improve and

civil ex

Free trails, appropriation to purchase, and genpreserve the territory within the grant of the Yosemite Valley and Big Trees: Stats. 1881, p. 50.

Special laws relating to Yosemite Valley: See General Laws, tit. Yosemite Valley.

§ 3585. They may appoint a guardian of the premises, removable at their pleasure, who must perform such duties as they may prescribe, and may receive such compensation as they may fix, not to exceed five hundred dollars per annum.

§ 3586. The Commissioners must make a report of their proceedings and of the condition of the premises through the Governor, to the Legislature, at every regular session thereof.

CHAPTER III.

STATE BURYING GROUNDS.

§ 3596. Title vested in State. Who may be interred. § 3597. Duties of Trustees.

§ 3596. The fee to the State Burying Ground, in the City Cemetery of the City of Sacramento, is in the people of the State of California, and there may be interred therein any person who, at the time of his death, was a State officer or a member of the Senate or Assembly.

§ 3597. The Board of Trustees of the State Burying Ground have the control and management of the grounds and the expenditure of all moneys appropriated for the maintenance or improvement thereof.

Trustees of State Burying Ground-number of, sec. 343; are civil executive officers, sec. 343; are appointed by Governor with consent of Senate, sec. 368.