The Bottineau pioneer. (Bottineau, N.D.) 1885-1895, 1890-02-01
forth Dakota. Saturday, February l. 1890
AN ACT
To Prevent the Trespassing Upon School
and Public Lands, and to Recover
Damages therefor.
AN ACT

and Public Lands, and to Recover
| Damages therefor.
| Be it enacted by the Legislative Assembly
Of the State of North Dakota:
| Sec. l. Whoever commits any wilf1l
trespass upon any ef the common school
lands or any other lands owned or held in
trust or otherwise by this state, either by
cutting down or destroying any timber or
wood standing or growing thereon, by cary
ing away any timber or wood therefrom, by
moving or cuttir g any hay or grass stand
ing or growing thereon, or who Injuries or
removes any buildings, fences. improve
ments or other property belonging or apper.
tanning to said lands, or unlawfully breaks
or cultivates any of said lands, or aids.
directs or countenances any such trespass or
other inj ury, shall be deemed guilty Of a
mis- lemeanor, and on conviction thereof,
shall be punished by imprisonment in the
county Jail NJ more than one year, or by
fine not exceeding $500. or by both such
such inc and imprisonment, in the discre
tion of the court.
Sec. 2. Whoever is occupying, residing
upon, or is in possession of any common
school lands or other lands owned or held in
trust Or otf erwise by the state, at the time
of the passage approval and taking effect OF
| this act. ard who continues in such oceu-
pancy, residence or possession Of such land
after the fifteenth day of April, 1890, with
cut valid lease therefor, shall be deemed
| and held to be trespasser thereon, and
guilty of trespass pom such land, and upon
conviction thereof shall | e punished as pro-
| vided fer in section l Of this act.
Sec. 8. 1t shall be the duty of every
court having jurisdiction of the same es
pecially to charge the grand jury, at each
term O1 court, to inquire into oil ofense>
ag ,inst the provisions Of this act, and pre-
sent any person who may be guilty Of any
such offense within their county
Sec. 4. Whoever commits any trespas 6
| upon any Of the lands owned or held in
trust or otherwise by this state. shall be
liable in treble damages, in an action OF
trespass, to be brougt in the name OF the
people of this state, if such trespass is ad-
,dged to have been ~ilful; but single dam
ages only shall be recovered in such action,
if such II espass is adjudged to have been
casual anc involuntary.
Sec. s. In case any person holds OF
continues in possession Of any lands mcn-
toned in this title, contrary to the condl-
tions or covenants of any lease or writtel
agreen ent, he shall be liable to an action OF
forci Die entry and detainer; or any other
proper action for the recovery or possessio 4
Of such lands, and damages fox the deten-
| ton OF the same.
| Sec. 6. The states attcrperys Of the
several counties shall promptly report to
the board OF university AMI school lands, oil
trespasses committed upon said land which
may come to their knowledge, aud shall
when directed by the attorney general, pro-
secute all actions for any trespass or injury
thereto, or for the recovery or POSSESSION
thereof, or otherwise.
requested by the board of university and
school lands, shall ad rise with and give his
opinion upon the questions of the law which
are slbmittedto him by said board relating
to the duties of their office aud prosecu ;e
OF cause to be prosecuted by the states at
torneys whenever in his opinion the public
il terest require it, any person VIII, may be
charged with any indictable offense under
this act.
! Sec. 8. All damages recovered for any
trespass or other injury upon or to any OF
the lands mentioned in this act. shall be
paid over to the state treasurer, for the bene-
fit of the fund to which the samo properly
belongs. lA
SEQ. 9. Whereas, An emergency exists
in the necessity for the immediate protec
tion Of the school OF d public lands of the
state, this act shall take effect and be in
force from aad after its passage and ap-
proval.
| Approved Jan. 13. 1890.