Alberger

This is an original application to this court for a writ of mandate, to compel the defendant to receive and file the plaintiff’s application to purchase from the state of California section 5 of township 26 north, range 17 east, M. D. M., being in Lassen county, state of California, and to thereupon make selection and location in the proper United States land office, on behalf of plaintiff, as lieu land of the lands so applied for by plaintiff, and to make such selection and location in lieu of section 16, township 42 north, range 3 east, M. D. M.

Plaintiff .alleges in Ms complaint Ms qualifications to purchase state school land; sets out a copy of his application, and also alleges that he tendered said application to the defendant with the proper fee for filing the same; that the land described in the application has been regularly surveyed and seetionized by the United States, and the township plat, showing that said land had been so regularly surveyed and sectionized, had been more than five years on file in the proper United States land office; that said section 16, township 42 north, range 3 east, for which the lands applied for are desired to be taken as lieu lands, is…