Grand River times. [volume] (Grand Haven, Mich.) 1851-18??, 1854-04-26

and in concurring in it, states, that where the
presumption exists the settler who has complied
with the provisions of the act OF 4th September
lS4l has right of occupancy for twelve months,
within which he may perfect his title by paying
the minimum price of the land claimed. Like
the settlers under the armed occupation act, his
right is incohate only; and he has only those
rights of property which are necessary to the
perfecting Of his title. He may clear the land,
build on it, and enclose il with n view to culti-
walton. For these purposes he may use, or de-
stroy any trees which may be necessary, but
within these restrictionsand necessary fre-wood
he is confined"
The Department has heretofore instructed in
addition to these, that the actual bona fide set
tier shall use the necessary means for securing
access to, and egress from his settlement, by
clearing roads constructing bridges, &c.,-in fact
that you are not to interfere with the operations
of such settlers in clearing and securing their
homes. But from the foregoing you will per-
ceive that the mere pretence of settlement, and
even the filing of declaratory statement, will
not protect the SPECTATOR from just punishment,
who has adopted these means as a cloak to his
waste and trespass, and who will abandon the
land when the timber is removed, to enact the
same process on other lands.
Wherever you find that cases of this kind ex-
ist, you will determine with great care the exact
tract, if surveyed, on which the waste or tres
pass is being committed, and Immediately ascer-
tain from the land officers for the district in
which the land is situated, whether it has been
entered or not. If it is not entered, or if it has
not been surveyed you will Immediately report
the waste or trespass to the District Attorney or
Marshal for the district in which the land lies,
for such action as may be deemed proper under
the circumstances either at common law, under
the opinions above given, or under the act of
I'd March, 1881, "to provide for the punishment
of offences committed in cutting, destroying, or
removing live oaks or other timber or trees re-
served for naval purposes" This act you will
find fully considered, in the case Of the United
States Us. Ephraim Briggs 60 Howard p. 3Ol),
and which the Supreme Court decided, that that
act authorized the prosecution and punishment
of all trespassers on public lands, by cutting
timber, whether such timber was fit for naval
purposes or not.
Under no circumstances, however, will you
compound or compromise with any such tres
passers, or receive any compensation from them
as acquittal or discharge therefrom, or in any
other manner; neither will you give any per-
mission to cut timber or otherwise trespass on
the public lands, as there is no authority for any
such processes, but all such offences against the
laws must be prosecuted and tried by the Off
GERS duly constituted for that purpose and if
punished in any other manner, it must be accord
ing TO law.
Should you find such trespass committed on
swamp lands, or those which are rendered unfit
for cultivation by overflow, you will take no
further action than to notify the Governor of
the State, all public lands enure to the State,
under the act of 2Sth September, 1850.
In all cases Of trespass on the public lands
you will be careful to have the matter properly
viewed, and the description of the tract establish
ed by credible, respectable and disinterested wit
nesses, whose testimony can be produced on the
trial.
Where you find the timber or lumber ahoat
or at mills, which you are satisfied was cut from
the public land and which without prompt ac-
ton would be lost to the Government, you will
seize it yourself, or cause the Marshal to seize
it, and if the circumstances will justify it, you
will detain the timber or lumber till judi
cial decision be had. If, however, that cannot
be had in time to dispose of such timber or lum-
Der, you will consult with the District Attorney
and Marshal, and if the evidence be perfectly
clear and satisfactory to you all that the timber
or lumber was cut from the public land, you
will request the Marshal to sell it at public auc-
ton, after due public notice. In fact the execu-
ZION of the duties entrusted to you, requires
great judgment and discretion, as rules cannot
be prescribed in advance to meet every case, and
hence you must be governed by circumstances
and the advice of the District Attorney and Mar
shall, with whom you will consult fully and free
ly. The main object sought by your appoint
ment is to prevent waste or trespass on the pub
lie lands, and the destruction or carrying away
of the public timber, and when the evidence of
the fact is clear and satisfactory, you will pro-
coed with promptness, energy and discretion
taking care to avoid annoying or harrassing in
dividuals on doubtful or uncertain testimony.
Your own compensation will be - dollars per
day when actually employed in this service, and
for travelling expenses, in full of every charge
ten cents per mile for every mile actually trav-
eled will be allowed, taking the nearest mail
routes from point to point.
The actual expenses paid or promised TO assist
their compensation should be stipulated before
they enter on duty
Your accounts must be rendered quarterly
according to the fiscal year, commencing lst
July, those for your own salary and expence nu-
der oath, designating the journeys made and the
distances from point to point; those for your as
sistants on vouchers sworn to by them, and cer-
tilted by you, and specifying the nature of the
services rendered and the necessity for them
All information to the District Attorney and
Marshal must be in writing, and duplicate i'm
tal, 20 1.,1 70 of,a