Year: 1871

WOOD or bark, being standing growing on sucl


premises.


Sec. 2. 1t is hereby made the duty of the commits


sionefs OF school and university lands, and they


hereby authorized and empowered, to prescribe, b.


written rules and regulations, the duties and tn,
compensation of such clerks. And the Secretary


State hereby authorized to audit the accounts fo
the compensation and expenses of said clerks, upoI
the oertfcate of the commissioners, which shall bt
paa out OF the state treasury from the general fund
Ana there hereby annually appropriated out of the
/ state treasury the of six thousand dollars


S5,000, for the purpose defraying such expenses
prouded that nothing herein or in any law of this
state shall prevent the said commissioners from pay
ing said clerks by allowing them per centage upon
the moneys received from the sale of materials
selzea and from payment of penalties on account OF
such taespasses


Sec. 3. Said commissioners shall not have power
to authorize any such clerk clerks to settle or
compromise with any person persons trespassing
or 1nJurng any premises described in the first
tion of this act.


Sec 4. The said commissioners shall have power


70 and empower any such clerk to seize or
case to be seized, any timber, lumber, logs, shin
giles, shnglebolts, slaves, shocks, headings, wood,
bark other material cut upon or removed, taken
from any of the land described in section of this
act, without process, aud to sell the at public
auction to the highest bidder proptded that such
sale shall be made until the clerk making such seizure
shall report the same to the said commissioners nor
until the time and place of such sale shall have been
advertised in newspaper printed in the county
where such sale is to be had If any there be- at least
in each week for three successive weeks and if
there is no newspaper printed in said county, then
by written printed notice of such time and place.
posted up in the most public place in said county, at
least twenty days before such sale. And the said
commissioners may cause bid to be made on behalf
of the state at such sae to amount not less than
onehaf the actual value of the property offered for
sale. No part of the money realized at any such
sale shall be applied the certificates issued by the
said commissioners, then outstanding, / any.
Property purchased on behalf of the state at such
sales, shall be sold by the said commissioners for
such price and at such time or times as they may
deem for the best interest of the state.


Sec. g. Any person or persons found tresspassing
upon any such lands belonging to the state shall
have the right to purchase said premises of the sate
by paying the amount in lawful money of the United
States, at the minimum price at which such land
shall be appraised if the is subject to private
entry at the Office of the said commissioners, and
also by paying in addition thereto the sum of one
hundred per centum of the amount paid for said
land and all expenses of SEIZURE and taking charge
of material seized until the settlement is completed
If the person persons owning the certificate or
certificates of purchase for such land shall be found
tresspassing thereon he they shall have the right
to obtain patent for such land, by paying the
amount due the state such certificate or certif-
catea. with all legal charges thereon, and the of
one hundred per centum the amount due the
state for such lands and oil expenses of seizure and
taking charge of material seized, until the settle
ment is completed. In either case, the commits
soners hereby required to release to the person
or persons 30 paying for the land any lumber, tim
ber, logs, shingles, shingle bolts any other arti
cles seized under the provisions of this act and
they are hereby required to discontinue any and all
suits commenced to recover any damages for such
cutting, taking or carrying away, without cost to
the state prouided that the state treasurer shall in
no case receive pay for such land from any other
person or persons than those holding the certificate
or certificates, or from their authorized agents. In
cases where the land has been previously sold by
the states and prouided, further, that In all cases
when the sale of property s made under the provis
ions of this act, the to which this is amenda
tory, the person persons owning the certificate
certificates, and not being the trespasser, shall have
the right bid at such sale the amount due to the
state for such land and the expenses of seizure and
sale the amount Of which shall be stated at the sale
by the person authorized to sell; and when such
bid is made, it shall be the duty of the person max
ing such sale to strike off the property to such bid
der or bidders: provided, that If there shall be at
the sale any dispute between bidders to the OWL
ershp of the certificate certificates of sale issued
by the state, the person conducting and making
such sale shall sell the property SO seized to the
highest bidder, he first bidding provided in this
act; In which case the amount so received, or the
proceeds of the sale when received shall be paid in
to the state treasury, and remain there until the
commissioners shall determine the ownership of
said certificate certificates, and for that purpose
they are hereby authorized to adopt such rules and
take such evidence in their Judgment shall be
necessary to determine the fact When such fact is
determined it shall be the duty of the state treas
urer, and he is hereby directed to pay to the
rightfu person persons on their order the avais
of such SALE after deducting the price of the land
and expenses herein provided for.


Sec. s. Whenever any tresDass shall be commit
ted on any of the lands mentioned in this act, the
resnasser his assigns shall not be entitled to the
pOeseEto OF the timber other material taken IRON
said ianas all penalties and charges provided
for in this act shall be paid and the timber clerk is
authorized to seize and hold timber or any other
material taken from said lands until payment shall be
made, though the lands were sold and patented
previous to the seizure but after such trespase.


Sec T. Any person who shall hereafter enter
and receive patent for any school, university, and
swamp other state lands, shall thereby also ac-
uure the right to all timber, lumber, trees, wood,
bark stone, earth, mineral or other materials cut
upon or removed from such land before the issue of
such patent unless the shall have been cut
removed with the assent of the proper state author
ties or sold by the state and he may seize for
and such materials, if the same had been
cut removed from such land after the issue OF
such patent. The person 80 obtaining patent may
also bring action for any trespass upon other
injury to such lands, committed before such patent
shall issue, against the person persons commit
ting such trespass or other injury, in the manner
and with like effect and he shall be entitled to like
damages, as If such trespass or other injury had
been committed after the patent had issued: pro
Dided that any such purchaser of land previously
reported to the commissioners of school and uni
ton to the price thereof the penalty of one nun
dred per cent, and charges as fixed by section five
of this act, and thereupon any material seized shall
be released to him: and provided, further, that no
such purchase and nothing in this act contained,
shall effect the liability of any person to punish
ment for the oense of trespassing or cutting mate
rals upon or removing materials from such lands,
or prevent bar any prosecutions for such ofense,
whether commenced before after the sale Of such
lands, and that the heirs assigns of such pur-
chaser shall have the same rights conferred upon
them as the original purchaser.


Sec. s. All acts parts of ac.s conflicting with
the provisions of this act are hereby repealed.


Sec. 9. This act shall take effect and be in force
from and after its passage.


Approved February 18, 1871.