The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1868-12-12
LAWS OF OREGON,
PASSED LEGISLATIVE ASSEMBLY, 1865

AN ACT to regulate the sale of School
Land, University Lands, and to Pro.
vide for tho Management of the Funds
arising therefrom.
Be Ii enacted by the Legislative Assem-
bly fMe State Of Oregon
Section l. All the school and univer-
sity lands belonging TO this State, shall
be offered for sale and sold upon the terms
herein provided for, and not otherwise,
except fractions or lots Of such lands OF
eighty acres or less, where separated
from other school or university lands,
may be sold TO, and purchased by any
person complying with the condition con-
tanned in this act, but the sales of the re-
maindcr Of said lands shall bo made only
to actual settlers thereon, in quantities
not exceeding three hundred and twenty
acres to any one person; ProUiacd, That
settlers shall hayo tho preference in the
purchase Of all such lands az may be
found to be occupied at tho time Of the
passage of this act, or within six months
after the taking effect Of the same; but
after the expiration Of six mouths any
person shall be entitled to purchase any
Of the above described lands in lots not
10 exceed lG0 acres, not settled upon in
accordance with the provisions OF Section
3 Of this act.
Sec. 2. 1t shall be the duty of the
County School Superintcndcnts to make
personal examination, and appraise the
value OF any school or university lands
belonging TO the State, in their rcspec-
tive counties, on the application of any
person wishing to purchase the same, and
to give the applicant certified statement
of the true value thereof in coin. The
County Superintendents shall be entitled
to the sum Of two dollars per day for the
time necessarily employed in making such
examinations and appraisemcpt, to be
paid by the applicant; and said Superin-
tendsnts may require payment, or part
payment for their services in advance.
Sec. 3. Any person wishing TO pur-
chase any Of said lands, shall haye the
right TO enter aud settle upon any tract,
lot or parcel Of the same not occupied or
claimed by any other person under the
provisions Of this act, or BY authority of
law, and within six months after such
settlement, shall make application in wri-
| ting to the land commissioners Of the
State to purchase the same. Such appli-
cations shall intclligibly describe the land
settled upon b. refererencc TO the legal
subdivisions aud snrveys.of the United
States, aud shall be accompanied by the
statement OF the value thereof, made by
the County Superintendent. as in this act
provided, and also by the affidavit Of the
applicant, taken and certified by Notary
! Public, or other o.ncer having u seal, to
the effect that he Is an actual settler on
the land described in his application -
that he desires to purchase the same for q
home that il was not occupied by any
other person Mt the time Of his settle
mcnt, and that he is not the owner of 9TH
er lands exceeding three hundred and
twenty acres in the aggregate.
Sec. 4. Upon the filing of the applica-
ton, statement Of value, and affidavit re.
quired by the preceding section, with the
land commissioners, and the payment to
them Of onc.third of the appraised valde
of tho land described in the application,
and the execution of the notes of the ap-
plicant for the remaining two-thirds there
Of, payable in coin in one and two years,
with interest at ten per centum, payable
in advance on The first day CT January
aud the first day of July, the commission
ers shall issue their certificate TO the ap-
plicant, reciting therein the date of set
Element, payment and execution Of the
notes aforesaid and the settler, on the
payment of said notes at the maturity
thereof, shall be entitled to deed from
the State for said lands.
Sec. 5. Upon the payment of the en-.
tire purchase price for any land purchas-
cd under the provisions of this act, with
the interest thereon, the land commission
ers shall execute, in the name of the
State, a deed TO the person entitled there
to, and to all persons who may have here
tofore complied with the law governing
the sale of school and university lands,
upon the surrender to them of the bond
delivered at time of sale, or in case of the
loss of such bond, satisfactory proof oi
such loss ProUioled, That none of the
school or university lands of this State
shall be sold for less sum than one dol
lar and a quarter per acre, in gold coin,
and that the failure to make payment OF
the notes given for said lands, according
to their tenor, shall cause the same to re-
vert to the State; and lands SO reverting
TO the State shall be hereafter subject To
sale as other unsold lands.
Sec 6. The board of school commits
sioners shall pay oyer all moneys now in
their hands or that may arise from the
sale of said school and university lands,
to the County Treasurers in which said
lands are located, and shall be loaned by
said Treasurers as provided for by the
said act governing the loaning of the ir-
lreducible school funds. Said Treasures
shall act as local agents for the board in
the transaction of all business connected
with this act, or they may appoint any
other person as such local [agent] that
the County Court may recommend. Said
local agents are empowered to cancel all
mortgages given to secure the payment OF
notes due the school or university lands
when said notes are paid. Every local
agent shall be required to report all the
transactions of his agency at the end OF
each month.
/ Sec. 7. When, in the judgment of the
board, it may become necessary to subdi-
vide tracts in the interest of the school
and university funds, they are authorized
to appoint q surveyor who shall pro-
ceed to survey the same under the direc.