2 Wis. 423 | Wis. | 1853
By the Court,
The respondents, in
The respondents also state that the certificate of sale set forth by the relator was duly recalled, and the surrender thereof demanded of the relator by the respondents, before any offer was made to pay interest thereon.
The view which we have taken of the matter obviates the necessity of an examination of more than one of the causes shown by the respondents, as a bar to the peremptory mandamus.
We think that the omission by the relator to apply to the secretary of State for the purchase of the land, as provided in the section of the Revised Statutes above referred to, justified the respondents in requiring the surrender of the certificate, in accordance with the provision contained in section 101, of chapter 24, of the Revised Statutes.
Section 33 provides that upon the receipt of the application, the secretary shall, if the land applied for may then be sold, enter in bo’oks to be kept for that purpose, a note of the application, specifying the day when made, the name of the applicant, and the description of the land, and shall also give to the applicant a memorandum, stating the application and describing the land, and setting out the price at which the same may be sold and the amount to be paid at the time of sale. Section 34 provides that upon producing such memorandum to the treasurer, and paying to him the money required to be paid, the treasurer shall give a receipt for the money, and execute duplicate certificates of sale, which shall be signed by the treasurer and countersigned by the secretary. Other provisions relating to the sale of these lands are contained in this chapter of the Revised Statutes, but it is not necessary to notice them. It will be seen that the sections of the Revised Statutes above quoted and referred to, contain minute directions to the officers who make sale of the lands, and also plain provisions as to the duty of the person who applies to purchase them. He is first to~ apply to the secretary of State; and we deem it essential that this should be done in order to a valid sale. Unless ap-
.Demurrer overruled.