Whenever any person shall neglect or refuse to designate to the commissioner the particular descriptions of land to which he or she may claim patents by reason of part performance of his or her contract, it may and shall be lawful for such commissioner to cause to be issued patents for each alternate description of land, as the same appears on the list of lands reserved by such person or persons, and such patents so issued, shall be deemed and held as valid as if the same were particularly ordered by the person entitled thereto.