Custer chronicle. [volume] (Custer City, Black Hills, D.T. [S.D.]) 1880-1890, 1882-02-18

ments and atfidavits, and executing and
acknowledging the deeds IA required by
this act, which charges shall be in full
payment for all expenses attending the
execution Of the trust. In case Of ap-
peals provided for in section three Of
this act. the sum of one dollar shall be
raid for certified copy of statement Of
account filed and certificate Of decision
and award made and pending such ap-
peal. and the review Of the district court
Of any award or allowance Of claims for
for expenses in procuring the entry Of
land AS provided for in the third section
of this act. the corporate authorities or
! Judge Of the probate court must in max
ing and apportioning expenses, take
care that their estimate be sufficient to
meet the same and any possible increase
made by the appellate tribunal. Any
surplus resulting from such estimate to
be applied as herein provided. In case
Of any contest and deposit Of money as
in this section provided by both parties,
the corporate authorities or judge Of the
probate court, shall after final Judgment
and decree, refund to the unsuccessful
party or parties all money SO advanced
by such party or parties. except the sum
of one dollar. which shall be retained as
fees for taking and filing aflidavits, state
ments, notice contest, certified copy Of
decree, etc
SIC. H. Deeds to be given. After
the expiration of ninety days from the
date of the first publication Of the notice
required by section four Of this act, the
corporate authorities or Judge Of the
probate court shall proceed to award
the lot or lots, parcel or parcels of land
as provided in this act, and for that pur-
pose shall, as soon as practicable, and as
near as practicable in the order Of the
time of the filing Of claimants state
nents, examine each and every claim,
read proofs filed and hear additional
testimony if deemed advisable, and if
the claim shall be found to comply with
the provisions ofthis act, and no adverse
claim and notice Of contest shall have
been filed, the saidcorporate authorities
or Judge of the probate court shall pro-
cecd forthwith to make such claimant
or claimants good and sufficient deed
of conveyance for such lot or lots, or
parcels of land so claimed.
SEC. l3. Unclaimed property-how
disposed of. When any lots or parcels
of land within the limits of any city or
town shall remain unclaimed, after the
expiration of the time allowed by this
act for the filing ofclaimants statements,
it shall be the duty Of the corporate au-
thorities or Judge of the probate court to
convey the lots or parcels Of ground SO
remaining unclaimed by good and sufi-
said city or town, if there be such a
body qualified to take, to be taker ID
held by such board in trust for school
purposes. And if there be no such board
Of education legally authorized to take
and hold real property, then the said
corporate authorities or judge Of the
PROBATE court shall hold the said lots or
parcels of land so remaining unclaimed
in trust for school purposes in the city
or town wherein such lots or parcels Of
land are located, such trust TO be admin
istered under the direction of the dis
trict court and for the best interests Of
the people Of the city or town aforesaid,
such unclaimed land to be sold under
such rules and regulations as may be
made from time to time by the party or
parties directing the trust. Provided {:
That the land shall be disposed of in
tracts not exceeding an acre in area to
any one person and all such sales be ap-
proved by the district court. In case
there shall be found any surplus on
hand over and above receipts for fees
and award for expenses, arising from
sales and conveyances Of the lots as
provided i'm section ten Of this act, then
such surplus shall, so soon as ascertain
ed, be turned over to such board Of
education for school purposes, or if there
be no such board. then to the county
treasurer to be credited to the school
fund of the school district in which
such city or town is located.
SEC. ii. When term Of Office Of par
~ making entry expires. Whenever
the term Of Office OF any corporate au-
thorities or Judge Of the probate court
having made entry of town site shall
expire, or he or any one or more OF
said corporate authorities shall resign
or be removed from Office, he or they
shall turn over all books and papers
relative to such entry to his or their sue
cessor or successors in Office, with full
report of the condition of the trust and
receipts and disbursements thereunder
md ther eater the said trust shall be exc
cuted in every particular by such sue.
cessor or successors. Any willfill viola
tons of the provisions Of this act by the
corporate authorities or judge of the
probate court shall he held and consid,
cred misdemeanor; and such corpor
ate authorities or judge Of the probate
court. willfully making a deed to any