The Superior times. [volume] (Superior, Wis.) 1870-1912, 1871-04-08

written rules and regulations, the duties and the
compensation Of such clerks. And the Secretary OF
State hereby authorized to audit the accounts for
the compensation and expenses Of said clerks, upon
the certificate of the commissioners, which shall be
paid out of the state treasury from the general fund
state treasury the sum of six thousand dollars
fS6 OOO for the purpose defraying such expenses
proutded, that nothing herein or In any law OF TINS
state shall prevent the said commissioners from pay
ing said clerks by allowing them per centage upon
the moneys received from the sale OF materials
SEIZED and from payment Of penalties on account OF
such taespasses.
| Sec. g. Said commissioners shall not have power
to authorize any such clerk clerks to settle or
compromise with any person or persons trespasslng
or injuring any premises described in the first sec
| don of this act.
| Sec. 4 The said commissioners shall have power
to authorize and empower any such clerk to seize or
cause TO be seized, any timber, lumber, logs, shin
giles, shlnge-bos, slaves, shocks, headings, wood,
bark other material cut upon or removed or taken
from any of the land described In section one OF this
act without process and to sell the same at public
auction to the highest bidder prouided that no such
sale shall be made until the clerk making such seizure
shall report the same to the said commissioners, nor
until the time and place of such sale shall have been
advertised In newspaper printed In the county
where such sale is TO be had if there be- at least
once in each week for three successive weeks and II
there is no newspaper printed in said county, then
by written printed notice of such time and place.
posted up in the most public place in said county, at
| least twenty days before such sale. And the said
commissioners may cause bid to be made on behalf
|
one-ha the actual value of the property offered for
| SALE No part of the money realized at any such
sale shall be applied on the certificates issued by the
| said commissioners, then outstanding, i any.
Property purchased behalf of the state at such
sales, shall be sold by the said commissioners for
such price and at such time or times as they may
deem for the best interest of the state.
Sec 5. Any person or persons found tresspassing
upon any such lands belonging to the state, shall
have the right to purchase said premises of the state
by paving the amount in lawful money OF the United
States, at the minimum price at which such land
entry at the Office of the said commissioners, and
also by paying in addition thereto the sum of one
hundred per centum of the amount paid for said
land and all expenses of seizure, and taking charge
material seized until the settlement is completed
If the person persons owning the certificate or
certificates of purchase for such land shall be found
resspassng thereon he they shall have the right
to obtain patent for such land, by paying the
amount due the state on such certificate or certh-
Gates with all legal charges thereon and the sum of
one hundred per centum on the amount due the
state for such lands and all expenses of seizure and
taking charge of material sezed until the settle
ment is completed. In either case the commits
sioners hereby required to release to the person
or persons paying for the land, any lumber, tim
ber logs, shingles, shngle bolts, or any other arti
cles seized under the provisions of this act, and
they are hereby required to discontinue any and all
suits commenced to recover any damages for such
cutting, taking or carrying away, without cost to
the state proUtded, that the state treasurer shall in
no case receive pay for such land from any other
person or persons than those holding the certificate
or certificates, or from their authorized agents, i'll
cases where the land has been previously sold by
the state: and rrouided, further, that in all cases
when the sale of property made under the provls
ions of this act, the to which this is amenda
tory, the person persons owning the certificate
certificates and not being the respasser, shall have
the right bid at such sale the amount due to the
state for such land and the expenses of seizure and
SALE the amount of which shall be stated at the sale
by the person authorized to SELL and when such
bid is made 1t shall be the duty of the person max
ing such sale strike off Tie property to such bid
der or bidders provided, that if there shall be at
the sale any dispute between bidders as to the
ershp of the certificate certificates of sale issued
: by the state, the person conducting and making
such sale shall sell the property so seized to the
highest bidder, he first bidding provided in this
act; in which case the amount received. the
proceeds of the sale when received shall be paid in
to the state treasury, and remain there until the
commissioners shall determine the ownership of
said certificate certificates and for that purpose
they are hereby authorized to adopt such rules and
} take such evidence in their judgment shall be
determined it shall be the duty OF the state treas
urer and he is hereby directed to pay to the
3 rightfu person persons their order the ayais
of such SALE after deducting the price of the land
3 and expenses herein provided for.
, Sec. 6. Whenever any trespass shall be commit
ted on any of the lands mentioned in this act, the
trespasser his assigns shall not be entitled to the
possession of the timber other material taken from
said lands and all penalties and charges provided
for in this act shall be paid and the timber clerk is
, authorized to seize and hold timber any other
material taken from said lands until payment shall be
made, even though the lands sold and patented
previous to the seizure but after such trespass.
Sec 7. Any person who shall hereafter enter
and receive patent for any school, university, and
swamp or other state LANDS, shall thereby also
quire the right to all timber, lumber trees wood,
bark, stone, earth, mineral or other materials cut
upon or removed from such land before the issue of
such patent, unless the same shall have been cut or
with the assent of the proper state authori
ties sold by the state; and he may seize, for
and recover such materials, If the same had been
cut or removed from such land after the issue of
such patent. The person obtaining patent may
also bring action for any trespass upon other
injury to such lands, committed before such patent
shall issue, against the person persons commit
ting such trespass other injury, in the manner
and with like effect, and he shall be entitled to like
I damages. if such trespass other injury had
! been committed after the patent had issued pro-
rided that any such purchaser of land previously
q reported to the commissioners of school and uni
versity lands respassed upon, shall pay, In add
ton to the price thereof the penalty Of one nun
bred per cent, and charges fixed by section five
of this act and thereupon any material seized shall
be released to him and proUided, further, that no
such purchase and nothing in this act contained,
shall effect the liability of any person to punish
men for the offense of trespassing cutting mate
rails upon removing materials from such lands,
or prevent bar any prosecutions for such oense,
whether commenced before or after the sale Of such
! lands, and that the heirs assigns of such pur-
chaser shall have the same rights conferred upon
, them as the original purchaser.
Sec. s. All aots or parts of acss conflicting with
|, the provisions of this act are hereby repealed.
Sec g. This act shall take effect and be in force
from and after its passage.
Approved February Is, 1871.