The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1864-05-05

under the provisions OF this act, Such receiver
shall be discharged, and the possession OF the
railroad, its rolling stock, fixtures, and other
property delivered TO the person or parties right
fully entitled to the same.
Sec. g. This act shall take effect and be in
force from and after its passage.
Approved March 80, 1864
Published April |, 1851
CHAPTER 233
AN ACT to amend chapter PIT of the general
laws OF 1860 entitled IAN act relating to school,
university, swamp and overlooked lands, be-
longing TO the state, and to repeal section nine
of chapter twen:y-nine of the revised stat
utes."
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows
Section l. Section one of chapter 277 of the
general laws of 1860, entitled ian act relating to
school, university. swamp and overlooked lands
belonging to the state, and to repeal section nine
of chapter twenty nine of the revised statutes -
is hereby amended. so as TO read as follows -
Section L. The commissioners of school and
university lands are hereby authorized and ems
powered to appoint such number of clerks, not
exceeding eight, as they may determine to be
necessary for the purpose of protecting the school
university, swamp and overlooked lands be-
| longing to the state, or any lands in which the
state may have an interest, legal equitable
from any injury from any person or person tres
passing thereon, by digging or removing any
IN neral t1efelFOlIl, OF ny cutting OF GenOVngO
liz any manner injuring any lumber, timber trees,
wood or bark, being standing or growing on such
premises
Sec. 2. Section two of said chapter is hereby
amended, so to read follows "Secton 2.
! 1t is hereby made the duty of the commissioners
of school and university lands, and they are
hereby authorized and empowered. to prescribe,
| by written rules and regulations, the duties and
the compensation of such clerks; proUided, that
no such clerk shall receive more compensation
r L.. 1L,o1I r.. i
plOyed in the school bureau, at Madison and on
| ~ for the time he shall be actually employed ;
| and provided further, that the whole compensa.
ton Co such clerks shall not exceed, in the ag>
gregate the sum of four thousand dollars per
annum."
Sec. 3. Section four of said chapter is hereby
amended, 80 as to read as follows: "Section 4 -
The said commissioners shall have power to au>
tborize and empower any such clerk to seize, or
cause to be seized, any timber, lumber, logs
shingles, shinglebolts, slaves, shocks, headings
| wood or bark cut upon or removed or taken from
any of the land described in section one of thi;
act, without process, and to sell the same al
public auction to the highest bidder ptovided
that no such sale shall be made until the clerk
making such seizure shall report the same tC
the said commissioners, nor until the time anc
place of such sale shall have been advertised il
a newspaper, printed in the county where sucl
sale is to be had, if any there be- at least once il
each week for three successive weeks; and i
there is no newspaper printed in said county
then by written printed notice of such time ant
place posted up in the most public place in sale
county, at least twenty days before such sale -
And the said commissioners may cause =. bid t
be made on behalf of the state at such sale to al
amount not less than one half the actual valu
OF the property offered for sale No part of tn
money realized at any such sale, shall be appli
ed on the certificates issued by tie said commits
sioners, then outstanding, if any. Property pur
chased Oh behalf of the state at such ales, sha
be sold by the said commissioners for such prie
and at such time or times as they may deem 70
= the best OF the state"
Sec. 4. Section six of said chapter is hereb
amended so as to read as follows 'Section g.
g The COMPENSATION and expenses of such clerk
j shall be audited by the secretary of state, upo
The certificate OF the commissioners, and sha
2 be paid out of the state treasury, out of the in
come of the several funds for which the Servic
has been rendered. The amount to be paid OF
of each fund shall be determined by the secre
, tary of state. An amount sutfi Gent is hereb
appropriated out of the state treasury to pay a
/ sach accounts audited as afor esaid: pr0Uidet
: that the whole amount to be audited, durin
any year, for services rendered and disburse
' ments made pursuant to the provisions of tn
= | act shall not exceed the sum of six thousan
5 dollars
2 Sec 5. Section FIVE of said chapter is hereb
& amended, SO to read as follows: ''Section
: Any person persons found trespassing upC
any such lands belonging to this state shall hav
l. the right to purchase said premises of the stat
! by paying the amount in lawful money of II
!, United States, at the minimum price at whic
e such land shall be appraised if the same is sui
ject to private entry at the office of the sa
= commissioners, and also by paying III additio
thereto the sum offfty per centum of the amour
II paid for the land. Ii the person or persons owl
iUg the certificate or certificates of purchase f
such land, shall be found trespassing thereon /
or they shall have the right to obtain a patel
tor such land, by paying the amount due to IL
state on such certificate or certificates, with a
= legal charges thereon, and the sum of twenty
: FIVE per centum on the amount paid for sue
land. In either case, the commissioners al
thereby required to release to the person or per
. sons paying for the land any lumber, tim be
logs, shingles, shingle bolts or any other article
seized under the provisions of this act and the
= are hereby required to discontinue any and a
e suits commenced to recover any damages f
l such cutting, taking or carrying away, withol
n cost to the state; pr0Uided that the state trea;
n urer shall in no case receive pay for such Ian
p from any other person persons than thos
IS holding the certfeafsor certificates, or fro
J. their authorized agents, in cases when the Ian
e has been previously sold by the state; and pr
: Uided further. that in all cases when the sale
n property is made under the provisions of this
u or the one to which this is amendatory, the PEI
e son or persons owning the certhcate or ceTtlt
g lcHtes, and not being the trespasser, shall hay
+ the right TO bid at such sale the amount due
the state for such land, and the expenses Of sell
II ure and sale, the amount OF which shall be sta
u ted at the sale by the person authorized to sell
d land when such bid is made, it shall be the dU
q lty of the person making such sale to strike O
the property to such bidder or bidders proc
II ded, that if there shall he at the sale any di
e pute between bidders as to the owne- ship ofth
certificate or certificates of sale Issued by IL
y tate the person conducting and making sue
sale shall sell the property so seized TO the higE
d lest bidder, he first bidding as provided in tn
= act; in which the amount so received or Ii
proceeds of the sale when received, shall be pal
: into the state treasury and remain there unit
d the commissioners shall determine the owner
: Iship OF said certificate or certificates and f
e that purpose,tbey are hereby authorized to adoI
Q lsuch rules ana take such evidence as in the
e judgment shall be necessary to determine Il
d fact. When such fact is determined, it shall
the duty of the state treasurer, and he is hereb
p directed, to pay over to the rightful person {
g persons or their order, the avails of such salt
9 after deducting the price of the land, the per