| Show DEFAULT IN PAYMENT I ION ON THE TilE PUBLIC LANDS 1 Attorney General Bree Breeden en Explains Explains Explains Ex Ex- Ex- Ex plains Statutes Regarding Regard Regard- ing Purchaser Attorney General Central M. M A A. Breeden yesterday e lerda handed down an aim opinion regarding default In payment for state lands an and the tho rights possessed by the time state board of land commissioners of oC relie ing forfeitures The Time opinion was contained In a letter Jetter addressed to T T. C C. Callister secretary of or the time board which reads as follows r I beg e to acknowledge receipt of your our communication of the Zd insL In which you submit for my official opinion this timi proposition When a purchaser or lessee Jessee has defaulted In his Imis contract for fOl state stale lan lands s and such contract has imas been forfeited and SUCh cancelled can can- celled has bas time the state board of ot land commissioners the right to relieve c such persons person from such forfeitures Under the law ns os it existed up to 1907 the time state board of or land Jan commissioners commissioners commis commis- had hall the time right If It saw fit t to exercise it H it to relieve the party larty from the default and amid forfeiture upon the time payment to said ald land board boor the amount due with the tho penalty provIded provided provided pro pro- vided that In tho the meantime the land had not been sold or leased It will be noticed that under r this law the state stat board of ot land commissioners commissioners commis commis- is limited in its power and has the right only to roll relieve V-C V a party from froma a forfeiture when the time land has not either cither sold leased been heen 0 or subsequent to tho time forfeiture But the time le legislature legisla ture of oC 1907 amended this law Jaw to tomaJo tomake tomake make maJo It read reali In so far as material here as follows Section 30 Chapter CI 16 1 Session laws or of 19 1907 7 A mAny Any y person person whose lease Jease or 01 contract of sale has lias been forfeited forfeited for for- felled ma may however be e relieved from such forfeiture at an any time before the time theland theland land has been appraised or reappraised reappraised reappraised re ap praised or has liar again been sold 01 1 or leased By this amended act the time board is further limited In its Us power to relieve a person ierson from his default or forfeiture forfeit forfeit- ure an and amid can calm now only relieve a person person per per- son from a forfeiture when the tho land has not been appraised re appraised sold or leased su subsequent to the forfeiture for for- and prior to application for relief but ut If Ie either cither one omme of these condition conditions conditions con con- exist the board Is deprived of Its Its- Jurisdiction to grant an any relief from from Crom the forfeiture and amid has no power powel to restore to tho the original original nal lessee or purchaser his former former former for for- mer rights and if the time land Jan Is not sold It reverts back bock to the state an anIt and It to be treated as other state lands o 0 |
