The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-03-16

the phs which lands have been selected under each specific grant of the United
whether the lands belong to the lt, %, Sd or 4h division mentioned in section
! of article y of the constitution o the state of Montana, and when any recas'ia.
show the rselassacsson.
Section 10. The state board of land commissioners may, from time to times
direct the SAFE u ana osionsaha 70 the state ana m aea o" mt sas4 hs nnrssto ~
the tate, and for the promotion of the settlement thereof nut not more than ten
thousand acres shall be sold at any n auction and each lot OF loo acres shall D
separately exposed to sale; smaller lotso only shall be sold when is mpracteable to
sell as above prescribed or when lin the judgment or thu state board a larger price
will be received for the sale of the land, and rot more than ne hundred and sixty
aces shall be sold to any N person, except as otherwise provided in tisa ct
Section al. 1t shall be the duty o the state boardo of land commissioners previ
or pac. Of land, before which it shall moi be sold; and shall also designate the
designate at least me newspaper published in the county in which the lands to be
soldar e situated, or if there be no newspapertherein, then they shall designate at'east
me newspaper published nearestt to such lands; Provided tat ne state BOARD O
land commissioners shall not designate any piece of land to De sold hr less han
Sales OIL land belonging. to this state shall be held in the county in which the
lands to De sold ares situated, and att he place designated by thu state boardo of land
and TIN amour of purchase money to b paid at the time If sale, shall lin no case
oslss $. than than, thirty ,.y per- rec cent t., of tn. h ~ whole nash purchase mna money ,my p Provided OWE ed Thu that tin in tn he
the sale, and provided, further, that no timber lands shall ata any time be leased by
the state bord If land commissioners but shall be sold in the manner provided by
law at aphce not less than tn0 0 dollars per acre.
Section a. No sale of lands shall be made unless there shall have beeng given
four weeks previous notice of the time, place and condition offs SALE published
in such newspaper or newspapers as by said board shall have been selecteda ant
prescribed under the provisions odt this act
Section 20. Within twentyfour hours aMr each sale the purchaser of each
tracts shall pay to the ountv treasurer of the county in which the sale was made,
who shall forthwith transmit the same to the state treasurer, the first payment re-
quired thereon and execute a penal obligation conditioned for the payment o the
ment, with interest at the rate of seven per cen per- nnum, which obligation
shall be deposited with the state auditor. If any person shall refuse or neglect to
make such payment or to deliver such obligation as aforesaid, he shall for every
such refush or neglect forfeit the u Of ne hundred Go) dollars for eachlot
general in the mann of the state If Montana: Provided, at each sale of land the
purchaser shall have the option of paying the whole amount of the purchase in
Section "a. The state auditor on the delivery to him IF such obligation and on
containing the name Of the purchaser, a description of the land purchased the
amount paid and the sun remaining due thereon.
Section IS. Whenever any purchaser at a sale mad by the state board n the
representative Or assign of such purchaser shall produce to the state auditor a
money due thereon, it shall BIZ the duty Of the auditor to cancel the obligation tx
ecuted by such purchaser on the sale and letters patent for the land desribed in
Section 26. Whenever UGH certificate shall be lost or wrongfuHy withheld by
any nerson from the wne thereof the state board Of Lane commissioners NAV re.
civ evidence Of such loso or wrongful detention, and or satisfactory proof ofthe
fact may cause duplicate certificate or patent as he may be entitled to tissue to
such person as shall appear to them to be the proprietor of the land described in
the original certificate.
the state auditor upon any sale o lands halr remain unpaid ne year after the
same is due, the state board of land commissioners may direct the attorney
general to put such obligation in suit, or may sell again the land fr the payment
y mads, unless the occunaion Of the land shall have been abandoned for fIil
year, and, in caeo of such sale, all previous payments made o N ccount of such
lands shall be forfeited to the particular fund to which the land may belong.
Section IS. The state board of land commissioners may hear and determine
the claims If all persons who may claim to be entitled in whole or in part to any
land owned by this state and shall have power to establish such rules as in
their opinion may be proper to prevent fraudulent applications under the preced-
ing sections.
any lots of the lands of this state pursuant to law, n any of such lots shall
remain unsold, the commissioners may in their discretion issue certificates
for the sale thereoft to such personsr respectively, as shall thereafter make appi.
cations Tor any of the said lots, at lot I@' than the appraised value.
Section 3d. Whenever any lot Of land shall have been put up 70 sale by the
state board,a INC nc bids shall have been received for the same and no application
be made for the purchase thereof within a reasonable time, the estate board of land
commissioners may, if in their opinion the minimum price ws fixed too high,
reduce the same and again advertise, and proceed with the sale thereof: Pro-
vded, that n o such reduction shanexeeed ten per centum in any ne fiscal year,
nrs shall the price be reduced below ten () dollars per acre.
Section 3d. Any person desiring to purchase land upon which he o she shall
at. at u an, nme " rue of the nrovemen IRON the mon bid 1a for the said 'lmut
and improvements and n the EVENT. that any person purchases the land upon which
such Improvements have been made, the purchaser shall. pay the full price of said
land and improvements to the state treasurer, and the state treasurers shall pay the
appraised value of the improvements to the person owning the same, and the
price of said improvements shall be paid lin full at the time of the sale by the our
chaser: Provided that the bid mentioned in this sector shall b for a sm equal
to the amount Of both the appraised value Of such improvements and the mini.
mum rio of the land as fixed by the state board of land commissioners, but in
case such bid does not equal the minimum price of the land and the appraised
value OF improvements suhd deficit shall be taken from the appraised value of the
improvements. Said Improvements shall be appraised as provided for tn II.
prahement of Improvements upon school lands in section AZ of this act.
Section g. If an persons shall commit repass or other injury to thu lands of
he state or ape ny of the improvements thereon, the person so offending shall
be gunty of msdemeanor and upon conviction shall be fined ain a sui lot less
than twenty-five (P25oo) dollars ant lot exceeding n thousand ($Iooooo) dol
lars an it shall be the special duty of the county superintendent Of public schools
to take cogniance of all sucho fenses committed in his county, and report the
m to the proper officer. All justices of the peace upon information, OATH
afrmaton, or ofther W knowledge, shall cause any person committing any of
the oHepses mentioned in This section to he brpuphtb before them BY Gke pro
cessesa as in criminal cases amd to enter into recognizance to appear at the next
tern of the district corto of the district tin which the ofense was committed, and in
default of suchr ecogniance, to commit such person to the Jail OF the county.
Section SO. If any purchaser of land, before receiving his title in fee simple
for the building ad repair of fences and houses o the land orfo fuel for the family
of the occupant he ors he shall be liable to pay he amount of damages done to the
land, recovered by an action in TIT name of the state Of Montana to be instituted
by the attorney general or the county attorney of the county in which the land is