The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1864-05-14
AN ACT TO PROVIDE FOR THE
SALE OF SCHOOL LANDS.

AN ACT TO PROVIDE FOR THE
SALE OF SCHOOL LANDS.
Be ii enacted blythe Legislature Of the State
! Of Kansas.
SECTION /. That all lands granted by the
/ Congress of the United States for school
purposes. known as section 16 and Sc, to-
gether with all such as have granted in lieu
OF said sections, may be sold, and such sale
shall be regulated by the provisions of this
act.
SEC. 9. Whenever twenty householders Of
any organized township III which the land is
situated, shall petition the Superintendent Of
Public Schools Of such county to expose 20
sale any portion OF portions of said land, de-
scri6ing the same, he shall, by and with
the consent Of the County Commissioners
of bis county, appoint, in writing, three dis
interested householders, residing in the
county in which said land is situated, who,
being first duly sTorl by an officer author
lied to administer oaths, to faithfully per-
form their duties, shall appraise each legal
subdivision Of said land, separately, at its
real value, and return their appraisement,
in writing, signed by them, to the Clerk Of
the county and in case any parcel OF the
Salu JANUS Sudll nave D6SH ltupiOFCu1 Tue
said appraisers SHALL in addition to the ap-
praisement of the land, return and fiIe with
the same separate appraisement of the i'm
provements upon the land Provided, That
no appraisement of land for less than three
dollars per acre shall be of any validity, or
enlille any person to the provisions of This
act.
SEC 8. The County Clerk shall immeli-
ately file the said appointment and appraise
ment of said appraisers, in his Office, and
record the same in book kept for that pur
pose.
SEC. 4. Any person claiming that he has
heretofore settled upon and improved any
portion of said lands. may file in the pro-
bate court of his county petition, stating
that he has heretofore settled upon and i'm
proved the same that the same has been
appraised, and the amount of the appraise-
ment, and asking that he be allowed to pur
chase the same Provided, That the heirs
of deceased persons, who have heretofore
made such Improvements upon said lands,
shall be entitled to all the nights accruing
to actual residents thereon.
Sec. 5. The said court shall require the
petitioner to prove the facts set forth in his
petition, and for that purpose shall hear all
testimony which the county Superintendent
of Public Instruction shallintroduce to con-
trovert said facts.
Sec. 6. In all cases where the court shall
find that the petitioner has heretofore set
tied upon and improved school lands, as set
forth in his petition, the petitioner may pur-
chase the said lands, not exceeding one
quarter section, for the appraised value
thereof, exclusive of the value of improve
ments, sixty days thereafter and after the
expiration of the said sixty days, the Couu-
ty Treasurer shall offer the unsold portion
of all the appraised school land for sale at
: public auction, after giving four weeks no
tice thereof In some newspaper published
in the county where the land lies, desert
! bling said land and giving the appraised val
! lie thereof, and stating the time and place OF
such sale and in case no paper shall be
published in such county, then said notice
shall be given by posting the same at each
: voting precinct in said county, at least four
: weeks previous to the sale; and no bid a;
said sale shall be received for less than the
: appraised value thereof. Timbered land
/; may be subdivided into lots of such size as
I the Superintendent of Public instruction
4 and County Commissioners may deem best
) and in all cases one-half Of the purchase
e money for timbered land shall be paid at the
time of purchase, and the purchaser shall
= give good and sufficient bond for the pay
: ment of the remainder, as for other lands
D under this act.
D SEC. 7. Any person purchasing such
2 land, shall pay to the Treasurer OF the coun
4 ty in which the same is situate, one-tenth
e of the amount of the purchase money, ia
king therefor a receipt, which lie shall pre-.
b sent to the County Clerk. together with
Il bond in double the amount OF the purchase
e money unpaid, conditioned that he will no
e commit waste upon said land, and that ht
2 will pay the balance of said purchase mon
! ey in equal yearly installments of not more
J. than ten in number, together with interes
!, at the end of each year thereafter on th,
}, balance unpaid. at the rate of ten per cent
5 per annum Provided, That the purchase
, may pay the whole amount of the purchase
/, money at any time.
II SEC. s. The County Clerk shall thereup
u on enter the amount of the purchase-monel
# of the land, and the amount paid upon thu
s same, in a book kept for that purpose, ant
d shall charge the same to the County Treas
II urer in the records OF the county, and shall
d issue 10 the purchaser a certificate. unde
J. the seal of his Office, showing the amour
le paid, the amount due and the time whei
ST due, with interest, and that upon the pay
Of ment Of said amount when due, with inter
l. est, he will be entitled to the patent to sal
r, land, and it shall be the duty of the Attor
d new General TO prepare proper form