§ 78. Failure to comply with conditions of grant; annulment. On or before the tenth day of January in each year the commissioner of general services shall examine the records of all grants of land under water for which patents shall have been issued containing conditions to be complied with within fixed period of time after the issue of such patents and make a list of all such grants containing such conditions of which the periods for performance have expired. It shall thereupon be the duty of the commissioner of general services to cause an investigation to be made without delay for the purpose of ascertaining whether or not compliance with the conditions contained in such grants shall have been had, and he shall report thereon to the attorney-general. It shall be the duty of the attorney-general to begin actions against all such patentees or their successors in interest or assigns for the annulment of all patents the conditions of which shall be found not to have been complied with within the period fixed in such grants for compliance.