The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-02-24
IEGAl


That upon the presentation OF such affI-
davit, plat of survey and statement OF
the county surveyor, and the furnishing
and approval of such bond, it shall be the
duty of the said county clerk to cause
the same to be examined by the county
attorney of such county, and upon his
approval thereof to form, to file the
same and then to continue the further
consideration of such matter for due
notice to all parties in interest for the
period of thirty days, and to note such
continuance upon his record. The sai1 san
county attorney, shall Immediately there
after and at the cost of such settler, cause
to be published for three consecutive
weeks in the official county paper pub
lished in such county, notice giving the
name of the settler, the description of the
land upon which settlement has beer
made, with view of purchasing the
same as school land, and notifying any
and all adverse claimants thereto, and any
and all persons claiming any INTEREST," in sucn
lands or a part thereof. that protest and
objections to such filing and purchase
must be filed with the said county clerk
within the thirty days to which the mat
ter was continued, or such objections will
be considered as waived. That proof OF
such county clerk and preserved with the
records in such matter. 1t shall be the
further duty of such county clerk to
notify in writing, by registered mail, all
adverse claimants to said land, OF which ne
may be informed. It shall also be the
duty of the county attorney of such county
every such case, and If he deems the in
terests OF the state to So warrant, to file
such protest and objections on behalf OF,
and in the name of the state.
Sec. 8. In all such cases where a pro-
test and objections are filed by an adj
verse claimant to the land sought to be
parties so protesting, shall set forth in
such protest their adverse claims or
| rights to such tract of land or any part
thereof; their reasons why the same are
not subject to purchase as school lands,
and shall furnish and file bond in due
form, to be approved by such county
costs that may be awarded against SAID
protestant on appeal or otherwise; but IL:
case of protest by the said count attorney,
no such bond shall be required of the
state, and it shall only be necessary in
protest and objection by the state. fcc
the county attorney briefly to set forth
his reasons why the state should inter
vene and in what manner it is an inter
ested party. The filing of such protest
and objection together with the furnish
ing of such bond in case of an adverse
claimant, shall be deemed to be an ap-
and it shall be the duty of said county
clerk within ten days after the expiration
of the said thirty days continuance, to
certify all original. papers to the clerk
shall thereupon docket said cause in the
same manner as if the case was originally
filed therein. and said cause shall regu-
larly stand for trial with the settler as
plaintiff and the protestant as defendant,
and the state as intervenor and the is
sues of fact and of law, and all claims
of the respective parties to such lands,
shall be FULLY tried and determined
other civil cases. That during the time
any such cause is pending on appeal in
the district court, it shall not be necessary
for the settler to make the required proof
in the probate court, and in cases where
satisfactory proof has been previously
| made, and the issues pending in the dis
trict, court shall be decided in favor Of
the settler, 1t shall not be necessary for
in
all such cases, the proof so made shall
be held by the probate court; pending the
final result of such appeal: in cases where
previous proof has not been made, the
settler shall have sixty days after de-
cision has been finally rendered in his or
her favor on appeal, to perfect such
proof. In all of such cases, appeals may be
taken from the district court to the
| supreme court, as in other actions
| Sec. 4. 1t shall be the duty of the at
! torney general or of the county attorney
| of the county in which the lands involved
are situated, and in all cases where pro-
test has been filed by adverse claim
ant, and in all other actions affecting the
| title to any of such lands, or the rights
| to purchase the same as school lands, the
attorney general or such county attorney
| shall intervene on behalf of the state at
| the trial of such causes in the distric t
Court. and to fully protect the interests OF
! the state therein, and shall in all of such
actions, file an intervening petition in
| behalf of the state, and in all sucn
actions, the state shall be considered as a
i
! judgment in its favor whenever the facts
warrant such judgment and shall be
bound by any final Judgment rendered in
such action. against the state, but in no
case shall the state be liable for the costs
made in such proceeding. In all appeals
| as herein provided the county clerk shall
serve a notice by registered mail, upon
the attorney general and the county at
/ torney of such county that an appeal
| has been taken in such proceeding: in all
other actions in whicR the title to any
such land is involved. the state shall be
| made a party thereto by notice served
upon the attorney general in the same
manner as summons is now served.
which notice shall be issued by the clerk
j of the district court under the seal of said
| court. and the attorney general or the
| county attorney of such county. shall in
tervene in said action, by petition, with
| in thirty days from the date of the
| service of said notice. The attorney gen
eral or the county attorney so appear ring
1 for the state. shall be entitled to reason
able fee of not to exceed twenty-five dol
lars for his appearance in the district
court and for not to exceed fifty dollars
/ for his appearance in the supreme court,
1 which fee shall be fixed by the court, and
the same shall be taxed costs in the
case to the party against whom the costs
are adjudged to be paid and shall be col
| lected as other costs.
Sec 5. Whenever any city of the state
/ of Kansas has occupied any island lying
/ in the bed of any navigable river in the
state, and has improved the as a
city park, or for any other public purpose,