STATE LAND LAWS 357 



PBOPONENT'S GUARANTEE. SECS. 396-397 



be sold to settlers on the land to be reclaimed. In the case of 

 incorporated companies it shall state the name of the company, 

 the purpose of its incorporation, the names and places of resi- 

 dence of its trustees and officers, the amount of its authorized 

 and of its paid up capital. If the applicant is not an incor- 

 porated company the proposal shall set forth the name or names 

 of the party or parties, and such other facts as will enable the 

 Commissioner of Public Lands to determine his or their financial 

 ability to carry out the proposed undertaking. (Laws '03, p. 



299, sec. 3; sec. 6708 Rem.-Bal. ; 477 sec. 307 Pierce.) 

 Former Laws: See note to sec. 393, ante. 



Withdrawal and selection of lands under Carey Act: sees. 605-608, 

 post. 



SEC. 396. GUARANTEE DEPOSIT. 



A certified check for a sum not less than two hundred and 

 fifty dollars ($250) nor more than two thousand five hundred 

 dollars ($2,500) as may be determined by the rules of the Com- 

 missioner of Public Lands shall accompany each such request 

 and proposal, the same to be held as a guarantee of the "execu- 

 tion of the contract with the state, in accordance with its terms, 

 by the party submitting such proposal, in case of the approval 

 of the same and the selection of the land by the Commissioner 

 of Public Lands, and to be forfeited to the state in case of the 

 failure of said party to enter into a contract with the state in 

 accordance with the provisions of this chapter. (Laws '03, p. 



300, sec. 4; sec. 6709 Rem.-Bal. ; 477 sec. 309 Pierce.) 

 Former Laws: See note to sec. 393, ante. 



SEC. 397. DUTY OF COMMISSIONER. 



Immediately upon the receipt of any request and proposals 

 as designated in section 394 it shall be the duty of the Commis- 

 sioner of Public Lands to examine the same and ascertain if it 

 complies in form with the rules of his office and the regulations 

 of the department of the interior. If it does not it is to be 

 returned for correction, and, if not corrected within sixty days, 

 it may be rejected by the commissioner. The Commissioner of 



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