Custer chronicle. [volume] (Custer City, Black Hills, D.T. [S.D.]) 1880-1890, 1882-02-18
Townsites Located on Government Lands
BE IL enacted By Me Legislative assembly
of the Territory Of Dakota:
[Concludud.]

|
sociations or corporations claim adverse.
ly the title to any lot or lots, parcel or
such city or town, the party in posses
sion, or if neither party be in actual
possession, then the party first filing his
application shall be prima fdcte entitled
TO deed of conveyance, and the party
or parties claiming adversely shall, with
in said ninety days after the first pub
lication Of the notice provided for in
section four of this act, file with the cor
porate authorities, or Judge Of the pro-
bate court, sworn statement as provid-
cd in section six of this act and at the
same time notice that he, she or it
contests the statement and application
for deed hitherto made, and expects ut
once to begin an action in the district
court to determine his, her or its right
to the property; whereupon the corpor.
! ate authorities. or Judge Of the probate
court, must suspend action on FGch dis
puted lot or parcel of ground, until II
proper certificate be furnished that the
lisput has been decided or Abandoned
Such party or .'arties claiming ~ 1Ferselv.
ani having fled such notice of contest,
| must within ten days thereafter begin
action in the district court .or the pur-
pose of determining the rights of all
parties. in which action al persons
claiming adversely to the plaintiff or
plaintiffs may be joined as parties de-
Cendant and il not SO Joined shall have
the right to intervene. For the pur-
poses of this section an action shall he
deemed begun when complaint has
been filed in the office Of the clerk of
the court and a summons placed in the
hands of sheriff for service: Provid-
ed, That personal service must he made
or service by publication begun within
sixty days thereafter. Upon the pre-
sentation Of the clerks certificate that
no complaint has been filed and no ac-
ton begun i'm accordance with the pro-
visions of this section, the party afore-
said having the prin,a .facie right shall
be entitled to deed of CONVEYANCE and
in case of action begun, the party re-
covering therein shall be entitled to n
deed OF conveyance, upOn presentation
Of a certified copy of the final Judgment
or decree of the court in such action
with the corporate authorities, or Judge
of the probate court. Upon receiving
the certificate aforesaid or certified copy
Of Judgment OF decree, the same shall be
filed and an abstract of the contents en-
tered in the Record Of Claimants State
ments; and the said corporate author
tiles, or Judge of the probate court, shall
:hcreupon execute deeds Of conveyance
to the party or parties entitled to receive
the same. All persons except minors
and insane persons falling to file their
notice of contest and to bring their ac-
| ton within the time herein prescribed,
shall be thereafter forever barred from
setting up or asserting any claim, right
or title 10 Such lot or lots, parcel or par
cells of land SO adversely claimed.
SEC 10. Entry Of ground that may be
claimed. The amount of ground which
any one claimant shall be entitled TO re-
ccive deed for in single tract, under
the provisions C this act, unless said
claimant or his erantors was in the act
ual peace,lbe possession Of the same
prior to its entry ~ herein provided for
and had improved the same and is still
in the occupancy thereof, NAV equal but
not exceed two acres in extent, provid-
ed that such ground be exclusively oc-
cupied by, or in the possession Of such
claimant and have improvements there
on of not less than 5000 in value. Such
claimant shall also be entitled To deed
for each additional lot not exceeding in
area twenty five hundred square feet on
which he may have substantial! improve
ments Of not less than 500 in value.
When any claimant shall make applica-
ton for deed to more than one tract or
parcel, he shall file in addition to his
own affidavit, as required by this act,
the afiidavits of at least two disinterest-
ed witnesses, showing the notice, char
acter and actual cash value Of the i'm
provements upon such additional lot or
lots so claimed.
SEC. IL. Claimant to pay certain ex-
penses. Each person shall upon filing
an applicants statetement, rs herein
provided, be required to pay to the said
corporate authorities or judge Of the
probate court, his proper and due pro-
portion of the money lawfully expended
in perfecting the title and procuring the
entry of said land, including all streets
alleys, public grounds and parks, and all
expenses necessarily incurred in max.
ing the survey and plat, for recording
plat and publishing notices as required
by this act, such proportion to be de-
termined by the relation which the val
ne, extent and area of such claimants
land bears to the whole amount Of land
claimed during the 90 days, and i'll ad
dition thereto, the sum Of two dollars
for the principal tract claimed and fifty
cents for each additional lot of 2,5O(
square feet claimed by ,he same person