11

Whenever a sale is lawfully made, or directed to be made by the commissioner of general services, or has been made by his predecessor, the board of commissioners of the land office, including a sale of land under water, if, at the time of the making of the grant, the necessary jurisdictional facts existed to authorize the grant, and by reason of accidental omission or manifest error, the patent is not acutally issued, or has been issued to the applicant deficient or manifestly erroneous in description or otherwise, the commissioner may, in his discretion, and on such terms as seem to him proper, cause to be issued to such applicant, or to persons deriving claim or title from him subsequently to the making of the grant, a release or confirmatory grant of such lands or any parts thereof, which release or confirmatory grant shall vest in the grantee therein named such right and estate, to the extent of the right or title of the state in such lands, or parts thereof, as is therein named.