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

purchaser falls to pay the amount required
to pc paid at the time his bid is made,
. SAID commissioner may again Immediately
oner said timber for sale, but no bid shall
pc pe received from the person 30 falling to
Sec. 20. Every person, firm or corpora
ton purchasing timber ct any such sale,
before the execution of the permit herein-
acknowiedge and deliver to the state. a
bond with at least two sureties. in double
the amount of the value of the timber
ancuued IN n the permit, as shown by the
to quantity. Said bond shall be condi-
tional upon the complete aud faithful per-
formance OF all and singular the covenants
ana agreements in said permit contained,
the requirements Of law in respect to such
sales, and the payment to the state treas
urer OF any amount that may be found
due according to the terms Of such permit,
or BY law. Each surety on such bond
shall justify in double the amount thereof
The bond herein provided for shall be
approved by the land commissioner in writ
ing hsed In his office. and recorded IN
book to be kept for that purpose No mem
Der OF any firm or corporation which is
the purchaser Of the timber covered by
the permit, the faithful performance Of
which such bond is given to secure, shall
be accepted as surety thereon.
Sec ~. In case the purchaser at any
such sale, or his assignee, If any, fails or
neglects to cut and remove the timber
prior to the time when the. permit. issued
on the sale thereof, expires, he shall, new
ertheless. pay the state the permit price
for all the timber which he fails to cut
and remove, but under no circumstances
shall he cut or remove said timber, or any
part thereof, after the expiration of such
permit. The sureties on the bonds given
at the time of the purchase. or the assign
ment. If any, of the permit issued on such
sale, shall be liable therefor.
Sec. n. The surveyor general Of logs and
lumber in each district shall scale all tim.
Der cut on state lands in his district. and
land commissioner on or before the IF
tenth day of May in each year. Such re
port shall show the name Of the party
cutting, the name of the party for whom
party hauling the same, the kind and char
acter of the timber cut, and the NUMBER
of logs or pieces cut, the bark. marks and
stamp marks used thereon. and the total
number of feet. Such report shall give the
description of the land upon which the
timber referred to therein was cut, and no
other and shall state the true and correct
amount cut thereon In no instance ana
under no circumstances shall timber cut
on different sections be reported together
Such report shall also state specifically
whether such timber has been cut accord
ing to the provisions Of the permit, wheth-
acre, as far as the cutting has been made,
whether the cutting has been done without
unnecessary waste or damage; whether the
timber has all been cut, and If not how how
much has been left standing, and whether
all timber cut has been scaled and re-
ported; whether the bark marks and stamp
marks stipulated in the permit have been
said land, and whether the stamp mark
MIN has been plainly stamped on each and
every piece Of timber 1t shall also be the
duty OF the surveyor general OF logs ana
lumber for each district to report to the
land commissioner all trespass which may
be hereafter committed upon land belonging
to the state, and said commissioner shall
thereupon Immediately cause such report
to be investigated and If found true he
shall cause such trespass to be estimated,
scaled and appraised, and report the same
to the attorney general. for prosecution.
All scaling shall be done by the surveyor
general upon the land from which the tim
Der is cut, instead Of on the bank as has
been heretofore the custom. And each
log so scaled shall be numbered consecu-
lively, and the number Of such log entered
upon the minutes of the scaler
Provided, however, that the land commits
sioner may question the sale of any num-
Der cut on state lands and scaled by any
of the surveyor generals or their deputies,
by serving written notice on such sur
yeyors general demanding rescale.. Such
notice shall give a full and accurate de-
scription of the tract or tracts of land on
NillCu IL fcSCule is ueluduutu. UpOu oeCui-
ing such notice the surveyor. shall appoint
one of his deputies who shall act with
one of the state land examiners appointed
by the land commissioner to conduct such
rescae. The said deputy surveyor general,
and the said state land examiner shall
thereupon proceed to make correct scale
Of all such timber cut and hauled, and
removed, or remaining in the woods, or
and whatever amount they shall agree upon
shall be final and binding on the state
and on the purchaser or purchasers, and
a report made and signed by both the
recorded in the office of the land commits
siOner.
If it shall be found that the first scale,
as reported by the surveyor general, was
practically correct, then the state ST all
pay such surveyor general the sum of five
$50 dollars for each and every day neces-
sarily spent in making such rcscale in ad-
diton to all necessary expenses incurred
in travelling to and from such tract or
tracts of land, but in the case Of a mater
ial difference In the two scales, the sur
Teyor general shall be entitled to no extra
compensation for such reSnaling. Scales
made under this provso may be what is
known as top and stump scale.
Sec. 2S. Any surveyor general who shall
fail to make full and complete reports in
each and every instance, as herein provid-
hereinbefore specified, including the state
ment of whether or not he has made his
scale upon the land on which the timber
was cut, who shall report timber cut from
different sections In one report, who shah
fail to scale the timber upon the land from
which it has been cut, who shall leGl' ct to
report cases of tresrass, as herein provided,
who shall make any other Or different
scales than as herein provided, who shall
fail to scale all tlmDer GU, who shall fail
to comply with any ana al Of the rrovis
ions OF this section. or who shall. appoint in
any other manner thar as herein Prescribed
on NV VIII. cl oil
do work herein provided for shall be guilty
OF a misdemeanor and upon conviction
thereof shall be punished by a fine OF
not exceeding one thousand dollars, or by
term not to exceed one wear. or by both
Sec %. The state shall pay the surveyor
general for surveying timber cut on state
lands when the same is scaled on the land
sand feet on all timber cut and scaled I'M
der any one permit up to five hundred
thousand (500,O0O) feet in amount, and
five o. cents per thousand feet on all tim
Der cut and scaled under his permit which
scales over five hundred thousand (500,000l
feet.
Provided, however, that the purchaser
or his assignee, if any. shall pay the state
treasurer the amount of the fees Of the
surveyor general for such scaling, and the
same shall be included in the drafts drawn
by the state auditor as hereinbefore pro-
vided.
Sec. 30 No timber cut from such land
shall be sold, transferred or manufactured
until the amount due the state. according
to the report of the surveyor general, shall
have been paid in full. Any person who
shall sell, transfer or manufacture any
timber cut from such lands before the
amount due the state therefor, according to
such report, shall have been paid in full,
or who shall cut any timber upon any such
land and shall fail or neglect to mark or
cause to be marked any such timber, as
provided by the permit issued therefor,
or shall place any other mark or marks
upon the timber cut by him under such
permit than the ones prescribed thereby
upon conviction thereof shall be punished
by fine Of not exceeding one thousand
dollars and IMPRISONMENT in the county,