veyed school lands. U. S. v. Elliot, 12 U. 119; 41 P. 720. Overruling U. S. v. Elliot, 7 U. 389; 26 P. 1117.

States for school purposes. Burrows v. Kimball, 11 U. 149; 41 P. 719. The U. S. statutes making it unlawful to inclose the public lands applies to sur2326. Quorum. Records. A majority of the board shall constitute a quorum for the transaction of business. A full record of its proceedings shall be kept by the secretary, who shall preserve all papers and documents submitted to the board. ['96, p. 239; '97, p. 62. 2327. Board to select lands and invest proceeds. The board shall cause all the public lands now owned by the state, or lands the title to which may hereafter be vested in the state, to be selected and registered, and thereafter sold or leased; and the funds arising from the sale or leasing thereof shall be invested in the manner provided in this chapter. ['96, p. 239; '97, p. 62.

2328. Id. Apportionment of land among funds. The board shall designate what lands selected by the state shall be assigned to each specific fund designated in said grants made by the United States. Such selections shall be so apportioned among the various grants, that each shall receive as nearly as possible its pro rata share of the different classes of land selected. ['96, p. 239; '97, p. 62.

Lands granted, provisions, etc., Enabling Act, secs. 6-12. Provisions concerning land grants, Con. art. 10, secs. 5, 7, 10; art. 19, sec. 3; art. 20, sec. 1.

2329. Lands to be selected and appraised. Assistants to be appointed. The board shall cause the state lands to be appraised or reappraised at such times as it may deem for the best interests of the state. The board may appoint one or more suitable assistants to select, locate, or appraise such lands granted or to be granted to the state, also to select and appraise lands in lieu of all lands heretofore granted, or which may be granted, and which may have been disposed of by the general government or occupied by bona fide settlers; provided, that at least one member of the board shall assist in making such appraisement; provided further, that such selection or location shall be subject to the approval of the board, which may change or alter the same as it may deem best. ['96, p. 239*; '97, p. 62.

2330. Selections by legal subdivisions. Transfers to and from U. S. All selections of land shall be made in legal subdivisions according to the United States surveys, and when the selection has been made and approved by the board, it shall take such action as shall be necessary to secure the approval of the proper officers of the United States, and the final transfer to this state of the lands selected. The board is hereby empowered to cancel, relinquish, or release the claims of the state to and to reconvey to the United States, any particular tract of land listed to the state, upon which tract, at the time of selection, a bona fide claim has been initiated by an actual settler. ['96, p. 239; '97, pp. 62-3.

Selected under the direction of the secretary of the interior, Enabling Act, sec. 13.

2331. Compensation of assistants. The person or persons appointed under the provisions of section twenty-three hundred and twenty-nine, shall each receive a compensation of not to exceed four dollars per day, for all the time actually and necessarily employed, and their actual and necessary traveling expenses while in the performance of their duties. ['96, p. 240; '97, p. 63.

2332. Plats. Irrigable lands and water supply. Classification of lands. The board shall provide for field and office use, and for filing with the several county treasurers, uncertified plats of the surveyed lands of the state, together with such blanks as may be necessary for the examination of said lands; shall ascertain, as far as practicable, what of the unappropriated government lands in the state are capable of irrigation, and the sources and reliability of the supply of water for the same; and shall select such lands as may be suitable under the various grants made by the general government to the state and shall classify said lands upon the office plats according to the following classification:

agricultural, grazing, timber, reservoir sites, natural gas producing, mineral, coal, stone, saline, or arid lands, and show whether the same are improved or occupied. ['96, p. 240; '97, p. 63.

2333. Abstracts to be made. What they shall show. The board shall cause abstracts to be made of all the lands owned by the state, and entered in suitable and well bound books. Such abstracts shall show in proper columns and pages: the county in which each tract of land is situated; the section, part of section, township, and range; whether timbered or not, and whether mineral or non-mineral, in whole or in part; whether improved or unimproved, and the kind and value of the improvements, if any; the character, whether agricultural or grazing, reservoir, arid, saline, coal, or stone lands, whether occupied or unoccupied, and, if occupied, by whom; the date of appraisement; the value per acre; the date of sale or lease; the price per acre, if sold; the name of the purchaser or lessee; the amount paid in cash; the amount unpaid; the amount of the annual interest or rental; the date of patent from the state; and such other information as may be necessary to show a complete and full abstract of the condition of each tract of land acquired by the state until final payment by the purchasers and the issue of a patent for the land by the state. ['96, p. 240; '97, pp. 63-4.

2334. Plats and abstracts to show classification. Separate funds. The plats and abstracts, provided in sections twenty-three hundred and thirty-two and twenty-three hundred and thirty-three shall also contain a classification of lands according to the respective funds or state institutions to which said lands belong, and all land belonging to each fund shall be entered in a separate book. ['96, p. 240*; '97, p. 64.

2335. Certification, audit, and payment of expenses. All necessary expenses attending the examination, survey, location, selection, appraisement, and sale of state lands, the purchase of blanks, books, and stationery, the compensation of officers, and all expenses necessarily incurred in carrying out the provisions of this chapter, shall be paid by the state treasurer from the fund appropriated for that purpose, on the warrants of the auditor issued on vouchers certified to by the board; provided, however, that all expenses must be submitted to the state board of examiners and approved by said board before the said warrants shall be issued by the auditor. ['96, p. 241*; '97, p. 64.

2336. Public sale of state lands and to whom. Price. Quantity. In all counties where the public lands or any portion thereof, have been appraised, the board shall, when deemed conducive to the best interest of the state, attend in person or by agent, at such time as the board shall direct, and offer at public auction at the court house of the county, and sell to the highest bidder, all or any of the appraised and unsold and unleased agricultural and saline lands situated in the county where such public auction is held; provided, that no land shall be sold for less than the appraised value thereof, and that not more than one hundred and sixty acres, nor less than a legal subdivision, except as hereinafter provided, shall be sold to any one individual, company, or corporation; and provided also, that sales of such lands shall be made only to citizens of the United States or to those who have declared their intention to become such. Arid lands may be sold as in this section provided in amounts not to exceed six hundred and forty acres. ['96, pp. 241-2; '97, p. 64.

2337. Preference right to settlers. Amount. Amount. Price. Improvements. Reservoir sites. U. S. survey defined. Actual and bona fide settlers or occupants who have improved state lands and were, on January first, eighteen hundred and ninety-four, actual settlers or occupants thereon, shall have the preference right to purchase the land whereon such settlement has been made or of which such occupancy was had, not exceeding such amount as would, on January first, eighteen hundred and ninety-four, or at the present time, make the entire holding of such person in this state not to exceed four hundred and eighty acres of land; that where settlers have resided upon, occupied, or culti

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vated any lands granted to the state for school purposes prior to the extension of the surveys of the United States over said lands, or who hold the same, or the possession thereof, by purchase from the original settlers or their assigns, said original settlers having resided upon, occupied, or cultivated such lands prior to the extension of the surveys of the United States over the same, they may be permitted to purchase such lands at a price not less than twenty-five per cent of its appraised value; and provided further, that the purchase price of such lands settled upon or occupied prior to the extension of the surveys of the United States over said lands shall not be less than one dollar and twenty-five cents per acre. In making such appraisement, the valuation of improvements thereon shall not be taken into consideration. Improvements, within the meaning of this section, shall be held to mean anything permanent in character, the result of labor upon or in connection with the land, which has enhanced the value of the same beyond what said land would be worth had it been permitted to remain in its original state. Application to make such purchase by said preferred claimant must be made prior to July first, eighteen hundred and ninety-seven; provided, that such extensions of time shall not be construed to affect the rights of persons whose applications have already been filed. Such lands as are suitable for reservoir sites may be reserved from sale or lease either as agricultural, grazing, or timber lands, and they shall be disposed of by the board in such manner and at such price, not less than the appraised valuation, as in the judgment of the board will benefit the settlers on lands on lower levels, preference being given to such corporations or associations formed by actual settlers for irrigation purposes, as will enable the said reservoir sites to be utilized by the greatest number of actual settlers. The United States surveys referred to in this section are hereby declared to be those surveys by which any school lands were first sectionized or subdivided by a United States surveyor or a duly appointed deputy; and all records or plats of such surveys shall be deemed prima facie evidence of such surveys to the state board of land commissioners, and the board may hear and consider other testimony. ['96, pp. 242-3; '97, pp. 64-6.

2338. Relinquishment of filings under U. S. laws and purchase from state. The state board of land commissioners is hereby authorized to contract with occupants who have filed upon lands in this state under the laws of the United States whereby said occupants can relinquish their said entry to said land and be permitted to purchase the said tract of land of this state after its selection by the state board, at private sale at a price to be fixed by the board. which price shall not be less than one dollar and twenty-five cents per acre. ['97, p. 66.

2339. Sale of timber includes lease of land. Forfeiture. Ownership for ten years. The board may sell the timber on the unsold and unleased lands of the state, except as provided in section twenty-three hundred and sixty, in the same way as it may sell state lands, but payment for such timber must be made as provided in section twenty-three hundred and forty-two. A failure to make such payment shall work a forfeiture of the contract of such sale; provided, that all right of ownership in any timber on lands of the state by right or virtue of purchase from the state, shall cease ten years from and after such purchase; provided also, that all sales of timber shall include a lease of the land upon which timber is, at the time of sale, for the term of ten years. ['96, p. 243; '97, p. 66.

2340. Protection of growing timber. No contract, by the board, for the sale of timber on any lands of the state, shall permit or entitle the purchaser to cut, use, injure, or destroy any growing timber or trees less than eight inches in diameter at the butt. The board shall make such rules and regulations for the disposal of the tops and limbs of trees cut for logging and other purposes, as shall secure the young growing timber on the state lands from injury and destruction by fire. Nothing in this chapter shall be construed to prevent settlers from

removing cedar, quaking asp, maple, oak, mahogany, or pinion pine from any unsold and unleased lands of the state for their own domestic use; provided, that nothing in this chapter shall prevent settlers from removing any dead timber from any unsold or unclaimed lands of the state for their own domestic use. ['96, p. 243*; '97, p. 66.

Timber cutting forbidden, ? 2354.

2341. Notice of sale to be published. Notice of all sales of land or timber, or both, shall be given by publication in some newspaper published and of general circulation in the county wherein the sale shall be held, and, when deemed necessary by the board, in such other newspaper as the board may designate; if there is no such newspaper published in the county, then in some newspaper published in the state having general circulation in such county, to be designated by the board. Such notice or notices shall be published for at least once a week for four weeks next preceding such sale, and shall specify the time when and the place where the sale will be held. ['96, p. 243; '97, pp. 66-7. 2342. Payments for land or timber. Notes of purchaser. Interest. Payments for lands and timber sold under the provisions of this chapter shall be as follows: not less than one-tenth of the purchase price to be paid in cash at the time of sale, and the balance in not to exceed ten equal yearly payments. On all lands on which there is timber appraised at not exceeding two and one-half dollars per acre, the board may, in its discretion, add to and consider as a part of the value of the land the value of such timber, and such land shall be sold or leased as agricultural or grazing land and paid for as if no timber were growing thereon. Notes shall be given by the purchaser for the unpaid portion of the purchase price of all lands and timber sold to him, and shall be due in ten equal yearly payments from the date of sale, unless the same shall previously fall due, at the option of the state, because of the failure of the purchaser to perform the covenants of the contract expressed in said note or notes. rate of interest on all such notes shall be five per cent per annum, and shall be due and payable as follows: on the day of sale the interest on the unpaid portion of such purchase price shall be computed and paid up to the first day of January next ensuing, and thereafter the interest and one-tenth of the principal shall become due and payable annually, in advance, on the first day of January of each year. All notes required to be given by the provisions of this section shall be executed at the same time that the first payment of purchase money is made, and shall be in the form prescribed by the state board. No timber or lands on which the timber forms an appreciable part of the value of said lands shall be sold except for cash, unless the purchaser shall secure the state the payment of the full purchase price, by giving, at the time of purchase and execution of notes for purchase, a good and sufficient bond running to the state for double the value of the timber on said lands; said bond to be in such form as the board may direct and subject to their approval. Any purchaser may make full payment for land purchased at any time, and after the payment of the amount required to be paid at the time of sale, a purchaser may pay any part of the amount due, and such payment shall be indorsed on the note given for the unpaid portion of the purchase price of the land on account of which such partial payment has been made. ['96, pp. 243-4; '97. pp. 67-8.

The

2343. County treasurer to receive payments for land. ments of principal or interest provided for in the last preceding section shall be made to the county treasurer of the county in which the land purchased is situated, and all notes required to be executed shall be delivered to him by the purchaser or purchasers at the time of making the first payment of principal, at the time of sale. ['96, pp. 244-5; '97, p. 68.

2344. Duplicate abstract to county treasurer. County treasurer's duties. When the public lands, or any portion thereof, in any county, have been appraised as herein before provided, it shall be the duty of the board to cause

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duplicates of the abstracts provided for in section twenty-three hundred and thirtythree, as far as completed, to be prepared and sent forthwith to the county treasurer of such county, and the county treasurer shall preserve the same as a record of his office. In such record said treasurer shall keep an account of all sales of land and timber and of all leases made in his county. Whenever, after the transmission of such duplicate abstracts to the county treasurer, other lands are appraised in that county, a copy of the appraisement in full shall be forwarded to such treasurer by the board, and shall be entered by said treasurer in said duplicate abstract. County treasurers of the several counties in which lands or timber have been sold, or lands leased, shall use due diligence to collect all moneys due the state for lands and timber sold, both principal and interest, and for lands leased. Whenever payments of principal or interest for lands sold, or for rental for lands leased or to be leased, are made, the county treasurer shall deliver a receipt therefor to the person making the same, a duplicate of which, said treasurer shall file with the county auditor, to be by him transmitted to the board after he shall have countersigned the same. Duplicate receipts when received by the board and entered in its records shall be deposited with the state auditor; and no duplicate receipt, whether for principal, interest, or rental, shall be held valid unless countersigned by said county auditor, who shall keep a record of all receipts so countersigned. It is hereby made the duty of the county treasurers to attend all sales of land in their respective counties and receive payment for such land sold. ['96, pp. 245, 250; '97, pp. 68, 74.

State auditor to charge treasurer with amounts received, 2359.

2345. Payments for improvements or removal of same. Any person purchasing land upon which improvements have been made by any other person, and appraised as provided in section twenty-three hundred and twentynine, shall pay to the county treasurer, in addition to the amount of principal and interest required by law to be paid at the time of sale, the full appraised value of such improvements. The amounts thus paid for improvements shall be paid by the county treasurer to the owners of such improvements, unless such owners shall elect, within ninety days after such sale, to remove the improvements and shall remove the same, for which purpose he shall have the right to go upon the land. In case the owner elects to remove the improvements, and removes the same within the said ninety days, the county treasurer shall return to the person by whom it was paid the amount paid for improvements. ['96, pp. 245-6; '97, p. 69.

Payment for improvements on leased lands, ? 2351.

2346. Certificate of sale when full payment not made. Upon the sale of land under the provisions of this chapter, upon which full payment has not been made, as herein provided, the state board shall issue to the purchaser a certificate of sale, showing the land purchased, the amount paid, the amount due, and the time when the principal and interest shall become due. All payments of principal and interest made subsequent to the issue of said certificate of sale shall be indorsed upon the same. ['96, p. 246;, '97, p. 69.

Fee for issuance of certificate, ? 2355.

2347. Lands unsold at auction may be sold at private sale. Whenever the board shall have exposed for sale at public auction any lots of the lands of this state pursuant to law, and any of such lots shall remain unsold, the board may, in its discretion, issue certificates for the sale thereof to such persons, respectively, as shall thereafter make application for any of the said lots, at not less than the appraised value. ['96, p. 246; '97, p. 69.

2348. Issuance of patents. Upon the filing of countersigned duplicate receipts, evidencing full payment of principal and interest, for any tract of land sold, the governor shall, under the great seal of the state, issue a patent therefor to the purchaser or his assignee. All patents so issued shall be attested by the