New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1895-05-22

be paid for his services OF receive any
remuneration or compensation Whatsoever.
either directly or indirectly, from any per-
son, firm or corporations. which has cut
Or mas received a permit to cut from state
lands any timber scaled or to be scaled
by him. :
He shall receive the compensation for
such services directly from the surveyor
general and through his Office. and in no
other manner whatsoever.
Sec. g. 1t shall be the duty of each
deputy to assist the surveyor general Of
the district in which he is appointed in
CARVING out the provisions Of this chapter
IN every manner faithfully and completely.
Office - = - =
Each deputy shall receive his instructions
from and work under the immediate direc-
ton OF the surveyor general in whose dis
trict he is appointed; he shall make his re-
ports OF all work done at such times and
IN such manner as the surveyor general Of
the district in which he is appointed may
direct;
Provided, always, that such reports shall
conform in each and every respect to the
provisions of this chapter, and shall con-
tam all the Information requisite and nee
essary to enable the surveyor general for
whom the work is done to make his report
to the commissioner of the land office, I'M
der, pursuant to and as required by this
chapter.
Sec 49, Any deputy surveyor general
who shall fail, neglect or refuse to carry
out any OF the provisions Of this act, or
who shall accept an appointment as such
prescribed, or who shall receive any com
pensation or remuneration for his services
as such deputy, or any gratuity of any
kind, either directly or Indirectly, from
any iothe7 person or source whatsoever
than the surveyor general who has appoint
ed him; or who shall fail to properly de-
termine the description Of any land from
which any timber he may scale is cut; or
who shall fail to report correct amount of
timber, or the correct number of feet cut
from any particular piece of land, accord
ing to the scale, as herein provided. to-
gether with all marks used thereon, both
stamp marks and bark marks: or who shall
fail, neglect or refuse to scale any timber
upon the land where the same was cut;
or who shall fail, neglect or refuse to note
the fact whether the MIN is stamped upon
each and every piece of timber cut and to
embody the same in his report; or who
shall fail, neglect or refuse to report the
amount cut from any section OF subdivision
thereof in separate amounts as herein pro-
vided: or who shall fail, neglect or refuse
to inform himself as to the provisions and
of the permit under which the
cutting is done, and to faithfully and hon
estly report whether such timber has been
cut according to the provisions Of such per-
NIT; or who shall fail, neglect or refuse to
report each and every violation of the pro-
visions of each and every such permit. to-
gether with any trespass that may here
after come to- his attention; or who shall
fail to number consecutively the logs scaled
by him hereinbefore provided, shall be
guilty Of a misdemeanor, and upon convic-
ton thereof shall be punished by fine not
exceeding five hundred 600 dollars or by
in the county Jail for a
term not exceeding six (6 months, or by
both. .---
Sec. "a. In case the land commissioner
shall at any time be of the opinion that
any deputy surveyor general is incom-
petent, or is not acting for the best inter-
ests Of the state in the performance Of his
duties, or that he has in any planney yio-
lated any of the provisions Of this act, he,
shall lay the matter before the board of
shall decide by majority vote thereof
that the opinion of said land commissioner
is we'll founded said board shall authorize
and direct the land commissioner to recon-
mend to the surveyor general who appoint
ed such deputy that he be discharged, and
upon such recommendation in writing said
surveyor general shall forthwith discharge
said deputy and notify said land com
missioner in writing. Immediately of the
fact of such discharge, and such deputy
shall not be reappointed.
Sec. 80. The land commissioner shall
keep a general index of all Instruments,
lis office, showing the date of filing and
The book and page where the same are re-
corded.
All papers, letters, documents and instru-
nents coming into his hands relating in
any manner to such lands or to the timber
thereon, shall be filed by him, and, together
with copies of all letters written by him,
shall be preserved as part OF the records Of
ais Office. ,.--.
He shall keep stumpage, record book,
showing the number of the permit, it's
late, the date Of it's expiration, the bark
and stump marks prescribed therein, the
date of the sale of the timber, covered
sale, the description OF the land which
he timber is located, the date of the esti-
nate, the name OF the estimator who made
t, the amount, kind and value of the tim
Der as shown by such estimate, the price
For which the same was sold, the name of
The purchaser, the amount Of timber taken
from the land, the date OF the report of the
same by the surveyor general the amount
paid, the date or payment, the marks used
upon the timber and reported, the name Of
the deputy who scaled the timber, the date
IF the assignment of the permit, if any,
the name OF the assignee, it any, the date
Of filing the bond given at the time Of the
assignment, the amounts of the bonds, the
names OF all suretieS on the bonds accom-
panying the permit the date of the record
Of such bonds, together with specific ref
arence to all correspondence in any man
ner relating to the description of land
covered by such permit
The land commissioner shall keep a rec
ord of all sales of timber made by him in
a book to be provided for the purpose, and
known as the sales book
He shall enter in ink in such book at the
time each tract of timber is sold and before
selling another description the name of the
purchaser, the price to be paid and de-
Der is situated.
Sec 36. Upon receipt Of any report from
the surveyor general of the amount of tim
Der cut under any permit, the state audi
tNp oh q OH n1l q
chaser named in the permit, or on his
signee, if any, as the case may be, for the
amount due by the terms of such permit
for such timber; and at the same time shall
place in the hands of the state treasurer
a duplicate thereof.
Payment Of such draft shall be made to
the state treasurer, who shall give dupli-
cate receipts therefor, and thereupon one of
such duplicate receipts shall be filed in the
office of the state auditor, and upon the
fling thereof he shall execute under his
hand and seal bill of sale of the timber
so paid for, and transfer of the mark
thereon to such purchaser Or his assignee.
Such bill of sale and transfer shall describe
the timber paid for, it's quantity and char
acter, and the land upon which the same is
cut. 1t shall be recorded in the office of
for that purpose, and also in the Office Of
the surveyor general OF the district in
which such timber is cut.
In no event whatever shall such land COM
missioner execute any such bill of sale or
transfer until the state has been fully paid
for the timber therein described. including
the fees of the surveyor general for scaling
Sec.'37. If the party on whom such draft
is drawn shall not pay the same immedi-
ately it shall bear interest at the rate of
eight (S per cent per annum from its date,
and if it is not paid within thirty (S0) days
from it's date the state treasurer shall
place the same in the hands of the attorney
general for collection. and he shall pro-
coed forthwith to collect the same.
Provided however, that in case the land
shall at any time deem 1t for
the best interests of the state to take
of the timber, for the payment
Of which such draft is drawn, he shall
proceed to seize said timber
the same may be found, and sell
the Snma to the highest bidder. at public