The Topeka state journal., 1909-03-08
LEGAL.
Published in The Topeka State Journal
March 5, 1909.
SUBSTITUTE FOR SENATE BILL NO. 3.

SUBSTITUTE FOR SENATE BILL NO. g.
AN ACT Relating to school lands and re
pealing Sections $3.50 $40, 6S4l, 634o. oo4o;
es51, 662, 1858. $685. 6S57 $50 6S61 7o6S 80 ana
BE it enacted by the Legislature OF the
State of Kansas. .,z
ers of any organized township in when
school land is situated shall petllon Ills
such county to expose to sale any por-
tion or portions of said land, deScrlolns
the same he shall, by and win Ine of cGil- biS
county, appoint in writing three olslnter-
ested householders, residing in the couti- GO 4,
ty In which said land Is situated pul IA
q different municipal township, Whol be-
ing first duly sworn by officer author
perform their duties, shall appraise each
legal subdivision of said land separately
at it's real value in money, and return m
their appraisement in writing, signed by
them, to the clerk of the county, proFlu-
ed, that any settler who mas reslGe1 I,t be
school land for a period OF SIX nolths
and has made improvements on sucii sue
land to the value of one hundred COL -
provided for in this section, by maklns
application to the county superlntenla5enL
and no petition of fifteen househo!ders
shall be required in such cases: Provided,
further, That no appraisement OF scno1ii scngi
be of any validity or entitle any person
to the provisions of this act. -, -.
Section 2. The county clerk shall mn mn
appraisement of said appraisers In his OF
flee, and record the same IN a DOCK kept
for that purpose, and shan lmInedlale1y
notify the county treasurer of such ap-
praisement.
Sec. g. Any person who has settled up
on any portion of school land and has
actually resided thereon continuously for
a period Of six months, and has made II II
improved said land to the amount or one
hundred dollars, including permanent
within sixty days after its appraisement
file in the probate court of his county a
verified petition, stating therein that ne
has settled upon said land and has re,
sided thereon continuously Tor perlod
of not less than six months Immediately
prior to said appraisement; that he has
permanently improved said land 10 the
amount of one hundred dollars; that SAID
improvements consist of permanent
dwelling and such other improvements as
show an intention to make a permanent
home thereon; that said land has Deen ap-
hat he aha has not not theretofore taken
quarter section under the provisions of
this act; that he has given ten days pub
lie notice through newspaper of general
circulation in the county where said land
is situated, setting forth in such notice
a description of the land, the names and
residences of two witnesses by whom he
expects to prove said settlement and i'm
provements. the time when (the time to
tion will be heard by the probate court
and asking that he be allowed TO pur-
son who has heretofore purchased or who
shall hereafter purchase school land TO
the homestead provisions OF the statute
for the purchase of school land, shall not
again be permitted to purchase school
land under the homestead provisions of
this act: Provided, further, That the heirs
of deceased persons who have made i'm
provements upon school land shall be en-
titled to all the rights accruing to actual
residents thereon: Provided, further, That
school land that has settler actually
residing upon and improving said land in
accordance with the provisions of this act,
shall not be brought into market until
such settlement: Provided, further,
That any person who has resided on
the same within said time as herein pro-
interest to the same. Any person locat-
ing upon school land for homestead pur-
the county clerk of the county in which
such school land is situated within ten
days after SUCH locating and settlemept,
county clerk shall Immediately file such
sIttdSviI ana az Keep & re reeGrd @ oL an SnGh
ing the settlement a certificate containing
the date of settlement as shown by the
affidavit and the name of the person
making the settlement and also the date
of filing such affidavit.
stated in his notice appear before the
probate Judge and make proof by the
ed named G in the notice tat
he has actually resided on said school land
with his family. If he has any, for more
ment of said land, and is then residing
thereon; that he has permanent improves
ments on said land to the value of one
hundred dollars, including a habitable
dwelling and such other improvements as
home thereof; that said settlement was
prior to that Of any other claimant for
praised and the amount thereof with the
date of such appraisement; that he has
not heretofore purchased school land to
the amount of one quarter-section under
the homestead provisions of the school
land law; that he has given notice of
required by this act and that the appii-
cant is a single person over twenty-one
years of age or the head of family; Pro-
vided, however. that the heirs of deceased
persons who have made settlement and
upon school land shall be
tual residents thereon but they shall not
dence commenced by the deceased set
tier.
Sec 5. In all cases where the probate
find that the petitioner or contesting claim
ant, has settled upon and improved
the court shall issue a certificate to that
effect and upon presentation thereof to
ter the appraisement of said land, such
person may purchase the said land, not
exceeding one quarter-section, for the ap-
Sec. s. The county attorney or any per-
son who claims prior settlement to the
applicant on said school land, or claims
an interest therein adverse to the appli-
cant, may appear before the probate court
at the time of taking said proof and con-
trovert the evidence of the applicant, and
if the applicant fails to establish his
prior settlement and improvements and
the other requirements of this act, he shall
be required to pay the costs of the pro-
ceedings, and If he or the contesting claim
ant feels aggrieved by the decision of
the probate court he shall have the right
% appeal to the district court by filing
a bond within fifteen days after such de-
cision. conditioned that he will prose-
cute the appeal and pay all damages and
costs that may be adJudged against him.
Inc slate may aPpeal tIe IRON. iLDn tne declsion
ing a notice thereof within the time pre-