The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1876-04-13

consin OF 1874 entitled can act TO facilitate tn
execution of trusts in certain cases."
The people OF the State of Wisconsin, represented
in Senate and Assembly, do enact as follows:
SECTION /. Section one az, of chapter three hun
dred and three {303), of the laws of Wisconsin, OF
1874 entitled Ar act to facilitate the execution
trusts in certain cases., is hereby amended by adj
ding to the end thereof the following: And prov1
ded further that nothing herein contained shall bt
construed as to exempt any of the lands OF any
railroad or railway company within this State from
taxation of any kind whatever.
SEC. 2. This act shall take effect and be in force
from and after its passage and publication.
Approved March 7, 1876.
Published March IA. 1861
CHAPTER 3d.
Relating to trespassing on State lands and for the
repeal of chapter twenty-one (2l) of the general
laws of 1871, entitled An act to consolidate and
amend the laws relating to trespassing on State
lands"
The people of the State of Wisconsin, represented
in Senate and Assembly, do enact as follows:
SECTION 1. The Governor of the State of Wiscon-
sin is hereby authorized and empowered to appoint
six (6l agents for the purpose of protecting the
school, university swamp and overhowed lands, be-
longing to the State any lands in which the State
may have an int erest legal or equitable from any
injury from any person or persons trespassing
thereon by digging or removing any mineral there
from, or by cutting or removing, or IN any manner
injuring any lumber, timber, trees, wood or bark,
being standing or growing on such premises; pro-
vided, however, that this act shall apply only to
lands which are or have been subject to entry and
purchase at the Office of the Commissioners OF School
and University Lands.
SEC. 2. It is hereby made the duty of the Gov
ernor, and he is hereby authorized and empowered
to prescribe by written rules and regulations, the
duties and the compensation of such agents; and
the Governor is hereby authorized to audit the &C.
counts for the compensation and tie expenses OF
said agents; which shall be paid out Of the State
Treasury from the general fund. And there is
hereby annually appropriated, out OF the State
Treasury the sum of six thousand dollars, for the
purpose of defraying such expenses.
Gro z Tba commissioners
School and University Lands shall not have power
to authorize any such agent or agents to settle or
compromise with any person or persons trespsss-
ing or njuring any premises described In the first
section of this act.
SEC 4. The Governor shall have power to arl-
thorize land empower any such agent to seize or
cause to be seized any timber, lumber, logs, shin
gIes shngle-bots, slaves, shocks, headings, wood,
bark, or 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; provided,
that no such sale shall be made until the agent
making such seizure shall report the same to the
Commissioners of school and University lands, nor
until the time and place of such sale shall have
been advertised in a newspaper printed IN the
county where such sale is to be had. II any there
be- at least once III week for three successive
weeks and If there is newspaper printed in said
county then by written printed notice of such
time and place posted up In the I'VE most pubhc
places in said county, at least twenty (20) days be-
fore such sale, and the Commissioners of School
and University lands may cause bid to be made on
behalf of the State at such sale to an amount not
less than one-haH the actual value of the property
for sale. No part of the money realized at any
such sale shall be applied the certificates Issued
by the Commissioners of School and University
lands, then outstanding, if any. Property pur-
chased on behalf of the State at such sale, shall
be sold by the Commissioners OF School and Uni
yersity lands for such price, and at such time or
s states as 'nsy ""s "F . ''ss 1AsGssss =
SEC S. Any person or persons found trespassing
11Den any such lands belonging to the STATE, shall
T,oxr .i.r IN
State by paying the amount in lawful money OF the
United States at the minimum price at which said
land shall be appraised, if the same is subject to
private entry at the Office of the Commissioners of
School and University lands and also by paying in
addition thereto the of one hundred per centum
of the amount paid for said land, and all expenses
of seizures. and taking charge of material seized
until the settlement is completed. If the person or
persons owning the certificate or certificates WIN
all legal charges thereon, and the sum OF one nun
bred n0O) per centum on the amount due the State
for such land and all expenses OF seizure and taxing
charge of material seized until the settlement is
completed. In either case, the Commissioners OF
School and University lands are hereby REQUIRED to
release to the person persons so paying Tor the
land any lumber, timber, logs, shingles, sh1ngle-
bolts or any other articles seized under the provl
sons of this act and he is hereby required to dis
continue any and all suits commenced to recover
any damages for such cutting, taking, or carrying
away without costs to the State; provided that
the State Treasurer shall in no case receive pay
for such land from any other person or per-
sons than those holding the certificate or certlfi-
where the land has previously been sold by the
State; and provided, further that in all cases when
the sale of property is made under the provisions
of this act the one to which this is amendatory
the person or persons owning the certificate or GER
tifcates and not being the trespasser, shall have
the right to bid at sale the amount due to tho
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 it shall be the duty of the person
making such sale to strike off the property to such
or that there
at the sale any dispute between bidders as TO the
ownership of the certificate or certificates OF sale
issued by the State, the person conducting and
making such sale shall sell the property seized to
the highest bidder the first bidding provided in
this act in which case the amount SO received out,
shall be paid into the State treasury, and remain
there until the Commissioners of School and Uni
verslty lands shall determine the ownership of said
certificate or certificates and for that purpose they
are hereby authorized to take such evidence as, in
their judgment shall be necessary to determine the
fact When such fact is determined it shall be the
duty of the State Treasurer, and he is hereby d1-
rected. to pay to the rightful person or per-
sons on their order the ayails of such sale after
deducting the price of the land and the expenses
herein proVidedfor.
SEC. 6. Whenever any trespass shall be commit
ted on any of the lands mentioned in this act, the
trespasser or his assigns shall not be entitled to
the possession OF the timber other material taken
from said lands until all penalties and charges as
provided for in this act. shall be paid and the tim
Der agent is authorized to seize and hold timoer or
any other material taken from said lands, until
payment shall be made, even though the lands were
sold and patented previous to the seizure but after
such trespass
SEC. z. Any person who shall hereafter enter
and receive a patent for any school, university,
swamp or other State land, shall thereby also ac-
ouire the right to all timber, lumber, trees wood.
bark stone earth, mineral, or other material cut
upon or removed from such land before the issue
of such patent unless the shall have been cut
or removed with the assent Of the proper State au
thorities or sold by the State; and ne may seize,
sue for and recover such materials, as if the same
had been cut or removed from such land after the
issue of such patent. The person so obta1n1ng q
patent may also bring action for any trespass
upon, or other injury to such lands. committed be-
fore such patent shall ISSUE against the person o.
persons committing such trespass or otner injury ~,
in the manner and with like effect and he shall be
entitled to like damages, if such trespass OF
other injury had been committed after the paten,
had issued provided that any such purchaser OF
and previously reported to the commissioners o.
school and university lands, as trespassed upon
shall pay in addition to the price thereof, the pen
atty of one hundred per cent, and charges as xet
by section of this act, and ther upon any materla