Bob next proceeded to draw up the contract. It was a simple contract,
framed in language that could not fail of comprehension by the dullest
mind. For and in consideration of the sum of one dollar, the receipt
whereof was duly acknowledged, Bob McGraw agreed to furnish, his
applicants for land with certain valuable information, whereby the
applicant would be enabled to file, or tender his application for,
certain state lieu lands, “bounded and particularly described as
follows:” (Here he left a space sufficient for the insertion, at a later
date, of the exact description of the lands he desired; the descriptions
he would glean from maps of the valley on sale in the United States Land
Office in San Francisco.)
He agreed to tender the application of his client to the State Land
Office and to conduct, at his own expense, any litigation that might
arise or become necessary to establish the right of his client to
purchase the land from the state; stipulating, however, that he (McGraw)
should be the sole judge of the necessity for such litigation. He agreed
to pay the filing fees and the first payment on the land, required
at the time of filing the application, and to represent the applicant
before the state land office; also to notify his client, by registered
letter, at the address given him, whenever the application should be
approved; and it was distinctly stipulated that the applicant should
not be required to elect whether or not he would abandon the application
until served with this written notice!
In consideration, also, of the services, fees and costs provided for in
the contract, _Mr. McGraw would make a charge of Three Dollars per acre
for all, or any part, of the land which the applicant might be awarded
the opportunity to purchase;_ this fee to be payable to him, his heirs
or assigns, _if and whenever the application of his client_ should be
duly approved by the Registrar of the State Land Office.
In consideration of these covenants, the applicant was to bind himself
to pay Mr. Robert McGraw the stipulated fee of Three Dollars per acre,
in addition to the One Dollar and Twenty-five Cents per acre demanded by
the state, _reserving, however, the right to abandon his filing at any
time prior to its approval by the Registrar of the State Land Office,
but pledging himself not to abandon without first furnishing his
attorney (Robert McGraw) with a proper instrument of abandonment, in
order that some other person might be located on the land._ In addition
the applicant was required to state that he was duly qualified,
under the law, to make the application _and that he had read both the
application form and the contract and was familiar with the section of
the code under which he made it._
Public-domain text, read in full here on John Shaqi.
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