New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1905-05-24

| expenses incurred in preparing the same
for market or transporting the same to
| pass willfu1ly committed shall be deemed
a felony.
Sec. 2. Recovery from Tenants, Etc
session of any lands mentioned in this
chapter, contrary to the conditions or
| covenants of any lease, certificate of sale,
shall be liable to an action Of forcible en-
try and detainer, or any other proper &C
| ton for the recovery of possession of such
lands, and damages for the detention of
| the same.
Sec g. Duties of Attorney General
The attorney general shall prosecute, or
torney, whenever. in his opinion, the pub
| Tic interest so requires, any person who
may be charged with any indictable Of
tense under this chapter.
Sec. a. Same. County Attorneys.-The
county attorneys Of the several counties
| snail promptly report to the state auditor
| mentioned in this chapter which may
come to their knowledge, and, when di-
| rected by the attorney general, shall pros
| ecute all actions for any trespass or in
| jury thereto, and for the recovery of the
| possession thereof, or otherwise.
Section 5. Damages to State.-All dam
| ages recovered on behalf of the state for
any OF the lands in charge of the auditor
shall be paid over to the state treasurer,
| for the benefit of the fund to which the
L
I Sec. 6. Court to Charge Grand Jury
Every court having jurisdiction thereof
snail charge the grand jury, at each term
OF such court, to inquire into all offenses
against the provisions of this act and to
| present any person who may be guilty OF
any such off feIn1 within their their county
Sec. T. Duties Of State Auditor.-The
auditor shall make thorough inquiry into
the the extent, character and value Of the
chiefly valuable for the timber thereon.
| He shall take such measures as will pro-
! tect such timber from damage or loss
shall make such regulations, in conformi-
ty with the other provisions Of this act,
Tor the care and control Of such lands,
| and for the sale of the timber thereon, as
state
Sec. s. Sale Of Timber-The auditor
| may sell the timber On the pine lands in
timber thereon suitable for posts, tele-
graph poles, or railroad ties, when au-
thorized to do so by the board. of timber
such sale is made, the auditor shall issue
to the purchaser a permit to cut and re-
move the same. Before any sale is made,
the timber shall be estimated and ap-
praised, but no sale shall be made on
any estimate or appraisal made more
| than one year prior thereto.
Section 9. State Estimators.-The audi
tor may appoint such state estimators as
may be necessary to examine the lands
In his charge, and to estimate and ap-
| praise the timber thereon; and he may
discharge such estimators from time to
time, as he deems best. Each estimator
shall be a citizen Of the state. an expert
quainted with the value of pine lands and
stumpage, and shall have at least five %
years practice in surveying or cruising
and estimating such lands and the timber
thereon. Before any person is so appoint
ed he shall file with the auditor an aff1da-
VT showing that he possesses all the quail
he shall Give ehe bond to to the
state in at least the sum Of $5,OOOOO, con-
ditioned for the faithful performance of
his QUITE duties, Which bond shall be approved
by. the auditor. and with the required
oath, filed in his Office. The state esti-
majors are hereby authorized to arrest
any person found trespassing upon state
lands and deliver him to the Sheriff of
the county, and such estimator shall i'm
mediately enter a complaint before a JUS
! tee OF the peace In said county. charging
the person so arrested with such trespass,
and the person so in custody shall be ar
raigned and given hearing on such COM
plant. Such state estimators shall wear
signed and provided by the state land
| commissioner. And it is hereby declared
a m1sdemeanor for any person not a duly
wear such a badge or. to personate or
claim to be a state timber estimator.
The board of timber commissioners, Gre
ated by section 10 Of this act, are hereby
authorized to dispose Of and settle for, at
stumpage value, timber cut by railroad
companies upon right Of way Of land &C
| cut upon state lands and actually used in
the construction Of a railroad, also for
the timber used in the construction Of
dams, lumber camps or public improve
ments of a permanent nature.
Provided. however that no such settle
ments shall be made until the timber has
been scaled or counted and appraised by
g. duly appointed state land examiner or
| timber estimator.
Sec. 10. Same. Appraisal Report
Whenever the auditor shall call upon any
estimator SO to do, he shall examine any
praise the timber thereon, and make re-
| port thereof. Such report shall be made
| from his field notes made on the land
a book kept in the auditors office, and
| known as the record Of appraisals. Such
| entry shall be dated when made and SUBJ
f FER ana q, Sworn m TO upon the record At
! said office all plats and field notes made
| by him, and afix his signature to each
pla It. and to c each page Of the field notes
report shall embrace more than one sec
! ton, or fractional section of land, ac-
eSn sh to the he survey and
| each 40 acre tract or lot. The report
shall state the amount Of each kind Of
| timber subject to sale which measures
| not less than eight inches in diameter
| twenty-four feet from the ground; the
| value per thousand feet Of all such tim
| Der; the amount and value of all timber
| below such standard, including pine, tam
| arack, and cedar posts, telegraph poles
| and railroad ties; the distance Of the tim
| Der from the nearest lake, stream or rail-
| road, and the character of the land; what
| amount, If any, of the timber has been
burned. and the extent and character Of
| the burning; the situation of the timber
| relative to risk from fire or damage Of
| any kind; the date of examination; the
| number of hours spent and the expense
necessarily incurred in making the same,
| and In going to and returning from the
( land; and that estimator was actually up
| on the land when he made his estimate
| Sec. II. False Report. Penalty.-Every
| state estimator or appraiser who shall
| make a false report or Insert in any such
| report any false statement, date, esti-
| mate, or appraisal, or who shall make
any such report without having examined
| the land embraced therein or who in
| making any affidavit as to his qualif1ca-
| tons for appointment, shall insert therein
| any false statement, shall be deemed
| guilty of a. felony.
| Sec. 49,. Board Of Timber Commission
| ers.-The governor, treasurer, auditor and
| attorney general shall constitute a board
| or timber commissioners, of which the gov
| ernor shall be chairman. The auditor shall
| be ex-ofHcio secretary of the board, and
| he or his deputy shall attend each meet
| ing and make full minutes Of the proceed
! ings, which shall be signed at the close of
| each meeting by the commissioners pres
| emit, and shall be kept subject to public
| inspection in the office of the auditor.
Ft1r IL.