Mineral Point tribune. [volume] (Mineral Point, Wis.) 1854-1858, 1856-11-11


thirty miles travel, from the residence of such
claimant Madison. his application viii be
heard and determined.
DAVID W. JONES,
Secretary of State.
Published October Is, 1856.
CHAPTER 1875.
4 y ACT to provide for the disposal and sale
Of the swamp and overlooked lands.
The people Of tie State Of Wisco7ast,a represent
ed an Senate and assembly do enact tollors:
Section i. All the lands granted TO this State
by an act of Congress entitled can act to ena-
bic the State OF Arkansas and other states, to
reclaim the swamp and overiowed lands with
in their limits, approved September 28th, 1850,
shall be sold by the Attorney General, Score
tary of State and State Treasurer, whenever the
Governor shall deem II expedieut so to do
Such sale shall be conducted in the manner and
under the restrictions provided for the sale Of
the school and university lands, in chapter 81 of
the revised statutes, SO far said provisions may
be applicable, and BOT inconsistent with the
provisions of this act.
Sec. 3 In all cases of presumption under the
act of the legislature, entitled IAN act for the
protection of the swamp and overfowed lands
Of the state, AM to grant presumption rights
thereon, approved April ID 1855, the pre- emp
tors upon comp wing with the provisions this
and the last aforesaid act, shall have the right
to purchase in virtue of such presumption, one
hundred and sixty acres of said swamp or over
flowed laads at one dollar and twenty five cts
per acre and all and every OF the pre-enption
rights grated by the aforesaid act, approved
April I'd, 1855, are hereby secured to every per-
son who, before the taking elect of this act.
shall have complied with the provisions OF the
said act, approved April I'd, 1855, and every
such e-enptor shall by the affidavts of at
least two credible and disiuterested persons,
prove that he has complied with the provisions
of the aforesaid act, approved April I'd, 855.
such affidavits shall be taken before per-
son by law authorized to administer oaths and
when completed shall be fled with the Regis
ter of deeds, of the county wherein such pre-
emption lands lie, or Of the county 10 which it
may be for county purposes attached. Such
Register shall On demand Of, or on behalf of ey-
cry such pre-emptor, make out true and com
plee copy of such affidavits, aforesaid and
of the declaratory statement Of such pre-emp-
tor, as aforesaid. and which Is ,equired by the
aforesaid act, approved April I'd. 1855, and over
his official signature shall certify the correct
ness aud completeness thereof in the same man
cr as By law required C ::..,.av copies OF the
record of deeds evidence.
Copies Of such declaratory statement and al
fdavits certified aforesaid. shall be by or on
behalf Of such pre-emptor filed with the Sec
rotary of State, and the whole purchase money
paid at least len days prior to the time appoint
e for the sale Of the swamp and overtlowed
lands in the county where such pre-empted
ands lie. neglect TO comply with the pro-
visions of this act, shall be deemed and is here
by declared to be waiver. surrender and for
feilusc Of all rights to said lands in virtue CT
presumption rights.
Sec 8 After TIE taking eject Of his get no
presumption shall be made 70 any ofsaid swamp
Or oyerilowed lands
Sec. 4. Either the Attorney General, Score
taTy Of State State Treasurer, any pre-
emption claimant or the oneStant ofs1:cl claim
ant may proceed by way Of appeal 70 the cir
cult court of the county, wherein IS situated any
of said swamp or overtlowed lands claimed by
presumption right, and III such court have the
presumption claim determined by 2 jury. IL
all such appeal proceedings the appellant shall
within sixty days after the copies CT the state
ment and affidayits mentioned in section two Of
this act, and a in the last mentioned section,
filed with the Secretary of State, procure a Ger
titled copy thereof from the said Secretary OF
State, and file the same III the circuit court to
which the appeal IS taken.
And the circuit courts shall make rules pre-
scrihing the mode of procedure on such appeals.
If on appeal, the right claimed by presumption
shall be determined against the pre- emptIou
claimant, then in that and every such case, the
State Treasurer shall refund 10 such claimant.
his heirs, executors administrators, the pUT-
chase money paid by him for the lands claimed
by him.
Sec. 5. 1t shall be the duty of tie said At
torney General, Secretary OF Stale and State
Treasurer, to adopt without appraisal or survey
the lines, boundaries and descriptions OF the
United States survey, exhibited by the plats
and field notes of the swamp and overtiowed
lands, and which plats and field notes they are
hereby required to procure and pay for, as far
may be necessary, out OF the proceeds Of the
sales of such lands.
See. g. The minimum price Of said swamp
and overtlowed lands shall be five dollars per
acre, except such rs shall he purchased IL viz
tue of pre-emption right. Al least one half Of
the purchase money ofall ofsaid lands describ'd
or designated in the p1ats and field notes afore
said, as timbered lands shall be paid at the time
Of the sale thereof and of all other IN the ratio
as provided in chapter twenty four of the
vsed statutes, for the sale of school and uniyer-
sity lands other than the five hundred thousand
acres.
Sec. :. The Legitimate expenses incident to
the sale of the swamp and overhowed lands
aforesaid shall be first paid out Of the proceeds
of such sales and seventy five per cent of the
residue, and all or the purchase money for the
selected lands in this section hereafter mention
ed, shall form and be constituted part of the
school fund OF this state, md shall be sUbe It to
the same uses designs, regulations and laws
Al lands by under the authority ofthis state,
selected in lieu Of swamp Overfiowed lands,
sold or otherwise disposed of by the United
State since the passage OF the aforesaid grant
ing act of Congress. Is hereby for the purposes
contemplated, herein declared to be swamp and
oyerfowed lands.
Sec &. Tventv-tire per ceat Of tho residue
of purchase money mentioned in the next pre-
ceding section shall be paid in the county treas
uIy of the county in which the sales may have
been made, and the county treasurer upon the
receipt of such money shall give his receipt
therefor to the Attorney General Secretary OF
State and State Treasurer, and a distinct and
an accurate list of all the lands sold in each
township in said county, shall be made in du
plicate by the officers making such sales as
aforesaid, enc of which shall be filed in the Of
fee of the Clerk ofthe County Board Of Super
visors OF such county, and the other shall be
fled with the Secretary Of State, and in case
there is an organized town il such county con-
tanning any Of such lands sold as last aforesaid
which require and are susceptible OF being
drained, then in that and every such case, such
county treasurer shall pay to- the treasurer of
such town It's proportionate share thereof, the
same being the twenty-five per cent residue Of
money realized from the sale of lands therein.
And such town shall proceed to the reclamation
of such lands by draining the same with all