The Superior times. [volume] (Superior, Wis.) 1870-1912, 1876-03-30

any rallroad or railway company within this state
II on GU 'aNation of any hind whae ever
ntc. :. Ihs act shall take effect and be in force
rom anu after its passage and publication
hpploNeu March 7, 1876.
th"olISheo March IA, 1861
CHAPTER 314
Relating - respassing on stat Io,7 ,,,, So. tbe
Iepe@i % Sll"pter tWenty-one (2l) of the general
laws OF i@'l emitted IAN act to consolidate and
amend the laws relating to rresnassir+ ~, soto
lands" 'o -
The people of the state of Wisconsin. renrcsen,od
i'll senate and assembly, do enact as follows.
Section l. The governor OF the state OF Wisconsin,
is hereby authorized and empowered to appoint six
(6 agents for the purpose OF protecting the school
univ rslty, swamp and overlooked landS, belonging
to the state, any lands i'll which the state NAV
have an interest," legal or equitable from any in
jury, from any person persons trespassnq
thereon, by digging or removing any mineral there
from, or by cutting or removing, or IL auy
I 1nJurlng 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 10 entry and
purchase at the office of the commissioners of achoo
and university lands
Section2. 1t 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 sucn agents; and
the governor is hereby authorized to audit the ac-
counts for the compensation and the expenses of
said agents. which shall he paid out of the state
treasury from the general fund. And there is
hereby annually appropriated, out of the state treas
ury, the sum of six thousand dollars, for the pur-
pose OF detraying such expenses
/ Section ). The governor and the commissioners
of school and university lands shall have power
TO authorize any such agent agents, settle or
compromise with any person or persons tresDasspg
or hJurlng any premises described IN the first
/ ton of this act.
Section 4. The governor shall have power to
authorize and empower any such agent to seize or
cause to be seized, any timber, lumber logs shin
giles, shlngle-bos, slaves, shocks, headings, wood,
| bark, or other material cut upon or removed, or
taken from any OF the land described in section one
~ OF TINS act, without process; ana to sell the
at public auction, to the highest bidder; provided
! that no such sale shah 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 Il newspaper printed IN the
| county where such sale be had, If any there
be, at least once III each for three successive
weeks; and If there Is no newspaper printed said
county, then by written or printed notice of such
| time and place posted up in the five most public
places in said county, at least twenty eco days be-
! fore such sale, and the commissioners of school
and university lands may e bid to be made on
! behalf of the state at such sale to amount
less than one-half the actual value the property
! tor sale. No part of the money realized at any
! such sale shall be applied the certificates
issued by the commissioners of school and univer-
slty lands, then outstanding, If any. Property
purchased on behalf of the state at such SALE shall
be sold by the commissioners of school and uni
Yefslty lands for such price, and at such time
tunes as they may deem tor the best interests of
the state.
Section 5. ANY person or persons found tresrass-
ing upon any such lands belonging to the state,
shall have the right to purchase said premises of
the state, by paying the amount lawful money OF
the United States, at the minimum price at which
said land shall be appraised if the is subject
to private entry, at the office Of the commissioners
OF school and university lands and also by paying
| III addition thereto the sum of one numbered per
centum of the amount paid for said land, and all
expenses OF seizure, anu taking charge OF material
seized until the settlement is competed. If the
person or persons owning the certificate ccrtiti-
Gates, with all legal charges thereon, and the
/ of one hundred QOO) per ccntum on the amount
land. md. Il Of
seizure and taking charge of material seized until
the settlement is completed. In either case, the
commissioners of school and university lands
hereby required to release to the person or persons
so paying for the land, any lumber, timber, logs,
shingles, shngle-bots, any other articles seized
under the provisions OF this act, and he is hereby
1 required to discontinue any and all suits com
menced to recover any damages for such cutting,
taAlng or carrying away without costs to the state;
PROVIDED that the state treasurer shall i'll
receive pay for such land from my other person or
persons than those holding the certificate or certi-
hcates, or from their authorized agents, in cases
Where the land has previously been sold by the
state; ana provided further, that i'll all cases when
the sale OF property is made under the provisions
OF this act, or the to which this is amendatory
the person or persons owning the certificate or GER
uhcates, and not being the trespaSser, shall have
the right to bid at such sale the amount due to inc
state Tor 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 the person
making such sale to strike off the property to such
bidder or bidders; provided, that il there shall be
at the sale any dispute between bidders as 10 the
ownership Of the certificate certificates of sale
issued by the stat, the person conducting and
making such sale shall sell the property so seized To
the highest bidder the first bidding as provided in
TINS act; III which the amount so received out
shaH be paid INTO the state treasury, and remain
there until the commissioners of school and uni-
versty lands shall determine the ownership of said
certl1cate or certificates and for that purpose thew
are hereby authorized To take uch evidence as in
their judgment, shall be necessary TO determine be
fact When such fact is determined IT shall be the
uu,y OF me state treasurer and he is hereby di-
feetu 10 pay over to tue rghtu person persons;
on their order the avails such sale after deduct
ing the price Of the land and the expenses herein
provided for.
Section 6. Whenever any tresnaes shall ha cor,
mltted on any OF the lands mentioned in this act
the spasser or his assigns shall be entitled to
the possession of the timber other material taken
from sald lands until all penalties and charges,
provided for in this act, shall be paid and the tim
Der agent IS authorized to seize and hold timber or
any Other material taken from said laLds, until
payment shall be made, even though the lands were
sold and patented previous to the seizure, but
such trespass
and receive a patent for any school, university,
swamp other state land shall thereby also
acquire the right to all timber, lumber trees wood
Dark, stone, earth, mineral. or other material cut
upon or removed from suci4 lana before the issue
OF such patent, unless the same shall have been cut
or removed with the assent Of the proper state
authoflues or sold by the state; and he may SEIZE
sue Tor, and recover such materials as if the same
mad been cut or removed from such land after the
Issue OF suCn patent The person obtaining
d patent may also bring action any trespass
upon, or other injury to such lands, committed be-
fore such patent shall issue, against the person
persons committing such trespass other injury,
in the manner and with like effect, and he shall be
entitled to like damages, if such treSpass or
other injury had been committed after the patent
had issued; provided, that any such purchaser of
land previously reported to the commissioners of
school and university lands trespassed upon
shall pay, in addition to the price thereof the pen
Atty OF one hundred per cent, and charges as fixed
by section Of this act and thereupon any mater
al seized shall be released to him; and provided
urther, that no such purchaser and nothing in
his act contained shall affect the liability Of any
7erson TO punishment for the offense of trespass
ng or cutting materials upon removing mater
ais from such lands, prevent bar any prose-
utlons for such ofense, whether commenced be-
ore tor after the sale of such lands and that the
heirs or assigns of such purchaser shall have the
anne rights conferred upon them as the original
purchaser.
Section 8. Chapter 81, of the general laws of 1871
Untitled, AN act to consolidate and amend the laws
eatlng to trespassing state lands" isbereby re-
ealed.
Section 9. All acts parts Of acts conflicting
nth the provisions Of this act, hereby repealed
rovided nothing III the act contained shall inter
ere with any seizures and settlements now made
r pending,
Sec TO- This act shall take effect and be in force
rom and after its passage
Approved March IL, 1876
Published March 10, 1861