Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1891-05-28

Published May 4, 1891.
CHAPTER 390

CHAPTER 800
AN ACT relating to public lands and providing for
the protection from trespass on the public lands,
repeating sections 23S 239 and 240 of the revised
statutes of 1878 and chapter 444 of the laws OF
1885
The people of the state of Wisconsin represented
in senate and assembly do enact follows;
Section l. Sections 23S. 239 and 240, of the re-
vised statutes of 1878, and chapter 444, Of the
geuer al laws of Wisconsin for the year 1885 re-
lating to the appointment of state agents for the
protection of public lands, are hereby repealed.
Section .. The commissioners of public lands
shall have power to seize or cause to be seized,
without process any lumber, timber, bark, min
erals or other materials property cut upon, dug
removed or taken from any of the public lands be-
longing TO the state of Wisconsin and sell the same
at public auction to the highest bidder under rules
and regulations to be prescribed by them. on
such sale, such commits sioners may bid to
be made on behalf of the state, for not less than
half the actual value of the property to be sold,
and the property so purchased at any such sale
shall be sold by them for such price they may
deem best for the interest of the state and part
Of the money realized at such sales shall be applied
on any outstanding certificate of sale.
Section g. No patent shall issue for any lands,
which have been trespassed upon, to the knowl-
edge Of the commissioners Of public lands, except
upon compliance with the conditions of section 241
of the revised statutes of 1878 and such commiss-
toner's may seize and hold any timber other
material taken from such land until such Payment
shall be made, even through patented previous to
the seizure but after such trespass, shall any
trespasser or his assigns be entitled TO the poss-
essiOn of any timber other materials taken from
any of the public lands, until all penalties
and charges provided by law are paid
Nothing in this CHAPTER contained, nor
the payment of any penalty therein provided,
shall affect the liability of any person, whether
prosecuted before or after the issuance of such
patent, to punishment for any such trespass
Section 4. All sheriffs and town officers are
especially charged to Immediately communicate to
the district attorney, any and all information re-
eeived by them respecting the commission of any
trespass waste upon the public lands, and "a
enter complaint against the offender before some
justice Of the peace. Every district attorney, i'm
mediately upon receiving Information of any such
trespass upon lands in his county, shall prosecute
the proper criminal action against such offender.
and advise said commissioners thereof and he
shall, when required prosecute a civil action fOI
damages for any such trespass, or to recover tn
possession Of any materials taken from any such
land. The said commissioners may order to be
paid to said district attorney out of fines collected
from the persons guilty of such offenses, sum not
exceeding ten per centum, and to the witnesses oi
other persons furnishing information of such
often ses, a sum not exceeding twenty-five PEI
cent? M, of such fines collected.
Section B. In any civil or criminal action grow
ing out OF trespass upon any public lands this
certificate of the secretary of state, under this
great seal, that any specified piece tract of lant
belongs to the state, is mortgaged to the state
or that the state has any interest legal equitable
in such piece tract of land, or that authority
has been given by said commissioners to seize
timber either materials specified in this chapter
shall he presumptiye evidence of the facts stated
therein, and all descriptive lists of swamp lands
filed in pursuance of law in the Office Of the regis
ter of deeds, and certificate of the register Of
deeds, that any particular tract of land within hi,
county is described within the descriptive list Of
swamp lands flied in his office, shall be presumpt
i've evidence of title in the state any tract of lane
described IN any such list certificate.
Section 6. The commissioners of public land.
shall, from time to time, as shall be found neces
sary, employ competent practical woodsmen, OF
men of sufficient skill for that purpose to examin,
the public lands and protect them from trespass
or to aid in collecting damages for trespass or e
aid in collecting damages for trespasses committed
The persons so employed shall receive for theil
services a sum not exceeding FIVE dollars per day
TO be fixed by such commissioners and their actua
expenses as such expenses shall be Gxed by suol
commissioners in addition to such sum the com
mssoners of public lands may, in their discretion
either by previous arrangement with the persons
so employed, or subsequently, award to any suei
persons in addition to the per diem, n sum no
exceeding twenty per centum of the amount col
lected from trespassers the public lands b.
means of his services and the information furnish
ed by him. The commissioners of public land
shall certify the accounts of persons so employed
by them, which shall be paid ont Of the state treas
ury; provided that no more than four thousanC
dollars shall be paid out for this purpose during
any year; nor shall the commissioners of pub
lie lands create any Indebtedness in the protection
of public lands from trespass, or in COLLECTING
claims for trespass thereon, in an amount exceed
ing said sum Of four thousand dollars.
Section 7. This act shall take effect and be in
force from and after its passage and publication
Approved April 20. 1891.