Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1876-04-12

IN senate ana assembly, 10 enact as toilOWS
Section /. Section one o., OF chapter three hun
dred and three (303), Of the laws of Wisconsin of
1874, entitled an act to facilitate the execution of
trustees in certain cases. 1s hereby amended by
adding to the end theref the following: and pro
vided further, that nothing herein contained shall
be 80 construed as to exempt any of the lands of
any railroad or railway company within this state
from taxation of any Kind whagever,
Sec. q This act shall take effect and be in force
from and after its passage and publication.
Approved March I, 1916.
Published March IA, 1851
CHAPTER 314.
Relating to trespassing state lands, and for the
repeal of chapter twenty-One ely 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 l. The governor of the state of Wisconsin
is hereby authorized and empowered to appoint six
(6l agents for the purpose OF protecting the school,
univt rsity, swamp and overlooked lands, belonging
to the state any lands in which the state may
have interest, legal or equitable, from any in-
jury, from any person or persons trespasslng
thereon, by digging or removing any mineral there
from, or by cutting 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 achoo
and university lands.
Section 2. 1t is hereby made the duty of the gov
to prescribe by written rulss and regulations, the
duties and the condensation Of sucn agents; and
the governor is Hereby au horned to audit tue &C
counts for the compensation and the 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 treas
ury, the sum of six thoUsand dollars for the pur
pose of defraying such expenses.
Section 8 The governor anu the commissioners
of school and university lands shall not have power
to authorize any such agent or agents. to settle
or njuring any premises described in the first sec
ton of this act.
authorize and en- power any such agent to seize or
to be SEIZED any timber, lumber, logs shin
giles, shinglebots. slaves, shocks, headings wood,
bark, or other material cut upon removed, Or
taken from any of the land described in section
~ of this act, without process; ana to sell the same
at public auction, to the highest bidder; provided,
that 40 such sale shall be made. until the agent
making such seizure shall report the 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 to DE had if any there
be, at least once in each Elk for three successive
weeks; and If there Is no newspaper printed in said
county, then by written or prlnteu notice of such
time and place posted up in tue five most pubic
places in said county, at least twenty (2u days be-
fore such sale, aud the commissioners of school
and university lands may eau bid to be made on
behalf of the state at such sale to an amount not
less than onehalf the actual value of the property
for sale. No part of the money realized at any
such sale shall be applied on the certificates
issued by the commissioners OF school and
sity lands, then outstanding, if any. Property
purchased behalf of the state at such sale, shall
be sold by the commissioners of school and udi-
versity lands for such price, aud at such time or
times as they may DEEM Tor the best interests of
the state.
Section 5. Any person or persons found trespass-
ing upon any such lands belonging to the state,
shall have the right to purchase said premises of
the state, by paying the amount in lawful money OF
the Unlfed 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
o. school and university lands, and also by paying
in addition thereto the sum of one Numbered per
centum Of the amount paid for said land, and all
expenses of seizure, taking charge OF material
seized until the settlement Is Completed 1t the
person or persons owning the cerlhc tie or certlh
rates, with all legal charges thereon, and the sum
of one hundred li0bl per centum on the amount
due the state for such land and all expenses OF
seizure and taking 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
to paying for the land, any lumber, timber, logs,
shingles shinge bolts. any other articles seized
under the provisions OF this act, aud he Is hereby
required to discontinue any and all suits COM
menced to recover any damages fer such cutting,
taxing or carrying away, without costs to the state
provided that the state treasurer shall in no case
receive pay for such land from ny other person or
persons than those holding tic certificate or certi
fcates, from their authorized agents, in cases
where the land has previously been sold by the
state: and provided fur that in all whe
the sale of property is made under the provisions
CT this act or the one to which this is amendatory
the person or persons owning the certificate Ger.
tihcates, and rot being the trespasser, shall have
the right to bid such sale the 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 mad it shall be the duty of the person
making such sale to strike Off the property to such
bidder or bidders; provided that ii there shall be
at the sale any dispute between bidders as to the
ownership of the certificate certificates of salt
issued by the stat the person conducting an(
making such sale shall sell thu property seized Il
the highest bidder. the first bidding, provided il
this act; in which the amount received out
shall be paid into the state treas ury, and remain
there until the commissioners of school and uni
versty lands shall determine the ownership of sai(
certificate or certificates; and for that purpose the
are hereby authorized 10 take such evidence as il
their judgment shall be necessary to determine thu
fact. When such fact is determined, it shall be thu
duty of the state treasurer, and he is hereby di
rected to pay over TO III person or persons
their order, the avails OF such sale after deduct
ing the price Of the land and the expenses herein
provided for.
Section g, Whenever any trespass shall be com
mitted on any of the lands mentioned il this act
the tIespasser his assigns sha! not be entitled Il
the possession of the timber other material iakel
from said lands until all penalties and charges g.
provided for in this act, shall be paid, and the tim
Der agent is authorized to seize ana hold timber
any other material tahen from said lards, unit
payment shall be made, even though the lnds wer
sold and patented previous to the seizure, but afte
such trespass.
Section z. Any person who shall hereafter ente
and receive patent for any school, university
swamp other state land, shall thereby ais
acquire the right to all timber lumber, trees wood
bark, stone, earth, mineral or other material Gu
upon removed from such land before the issu
of such patent, unless the same shall have been
removed with the assent of the proper stat
authorities sold by the state and he may seize
sue for, and recover such materials, if the sam
had been cut or removed from such land after tn
issue of such patent. The person SO obtainin
patent may also bring al action for any trespas
upon, or other injury to such lands, committed be
fore such patent shall issue, against the person Q
persons committing such trespass or other in ury
in the manner and with like effect, and he shall
entitled to like damages, as it such trespass G
other injury had been committed after the pateL
had issued; provide that any such purchaser
land previously reported TO the commissioners
school and university lands, trespassed upoI
shall lay, in addition to the price thereof the pei
atty of one hundred per cent, and charges as fxe
ial seized shall be released to him; and provide
further, that no SUCH purchaser and nothing
this at contained shall affect the liability of an
person to punish nent for the offense of trespas
ing or cutting materials upon or removing mater
ials from sucn lands, or prevent or bar any pros
eutions for such offense, whether commenced b
fore or after the sale of such lands, and that Il
heirs assigns of such purchaser shall ha re tt
same rights conferred upon them as the origin
purchaser.
Section s. Chapter II, of tie general laws of 1877
entitled, AN act to consolidate and amend the Lax
relating to trespassing on state lands. is hereby
pealed
Section 8. All acts err parts of acts confiictil