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from the sale thereof to be invested in the manner provided by this act. [1885, chap. 85.]
SEC. 2. [Abstracts of educational lands.]-The commissioner of public lands and buildings shall, under the direction of the board, cause suitable abstracts to be made of all the lands owned by the state for educational purposes, and entered in suitable and well bound books. Such abstracts shall show in proper columns and pages, the county in which each tract is situated; the section, part of section, township and range; whether timber or prairie; whether improved or unimproved; the value per acre; the value of improvements, and total value. In another book or books shall be shown the date of sale, name of purchaser, price per acre, amount paid in cash, amount unpaid, amount of annual interest, names of sureties on notes, date of lease, name of lessee, amount of annual rental, date of patent and when recorded, and such other columns as may be necessary to show full and complete abstract of the condition of each tract of land, from the time title was acquired by the state until final payment by the purchaser, and the issue of a deed for the land.
SEC. 3. Same-Appraisement.]-When the abstracts provided for in section two are made by the commissioner of public lands and buildings, the board of educational lands and funds shall cause a list of the lands described in such abstracts to be forwarded to the chairman of the board of county commissioners or supervisors as the case may be, and the lands embraced in said list shall be appraised in the same manner as provided in section fifteen of this act in the case of private sale, and the said appraiser shall subscribe to an oath before some proper officer to properly appraise the prairie lands in tracts not to exceed forty acres each, the timber lands in tracts not to exceed ten acres each, and to appraise any improvements thereon, and to make due and prompt return to the commissioner of public lands and buildings, who shall enter the appraisement upon said abstracts; Provided, That the lands in any of the organized counties of this state not now appraised shall be ordered appraised upon a petition signed by not less than one hundred of the tax payers residents of said county, approved and certified by the board of commissioners in such county to the board of public lands and buildings, asking that the lands in such county shall be appraised for the purpose of lease and sale as provided by this act.
SEC. 4. [Reappraisement.]-The said board may, when they deem it to the best interest of the state, cause any unsold lands, the sale and leasing of which is regulated by this act, to be reappraised, and the reappraised value thereof entered upon the abstract, herein before provided for.
SEC. 5. [Sale.]—In all counties where the educational lands or portion thereof have been appraised, the commissioner of public lands and buildings shall, in person or by agent, attend at such times as the board may direct, but not more than once in one year, and offer at public auction all the unsold lands, except such as have been leased to the highest bidder; Provided, no person can purchase more than six hundred and forty acres; Provided, That the agent herein provided for shall be the county treasurer of the county in which such lands be situated; Provided, That notice of such sale, and the time when and the place where the same shall be held, shall be given by publication made four consecutive weeks in some newspaper published in the county, or in case no newspaper is published in the county, then in some newspaper of general circulation therein; and proof of such publication shall be made by the affidavit of the printer, his foreman, or principal clerk, or other person knowing the same, which shall be filed in the office of the commissioner of public lands and buildings; Provided further, That no lands shall be sold for less than the appraised value thereof, or sold for less than seven dollars per acre, in addition to the improvements on said land.
SEC. 6. [Payments.]-Payments for lands sold under the provisions of this act shall be made as follows: For prairie lands at least one-tenth of the price cash in hand, or such other sum more than one-tenth as the purchaser may desire; other lands one-half cash in hand; or cash down for either at the option of the
purchaser. The unpaid principal of all lands sold on time shall be due in twenty years from the date of sale unless at the option of the state the same shall sooner fall due by reason of the failure of the purchaser to perform the covenants of his contract. The rate of interest on all unpaid principal shall be six per cent per annum, and shall apply to all past or future sales of educational lands made by this state; Provided, That nothing in this act shall be construed as to prevent purchasers from making full payments at any time during the year.
SEC. 7. [Same.]-Payments made at such sale shall be made to the county treasurer, who shall deliver to the person making such payment a receipt therefor, and any person making full payment shall, upon the presentation of his receipt therefor to the board, be entitled to receive a deed from the state.
SEC. 8. [Duplicate abstract-Duty of county treasurer.]—When the educational lands or portion thereof in any county shall have been appraised by order of the board of educational lands and funds, it shall be the duty of the commissioner of public lands and buildings to prepare a list of all the educational lands in that county, and transcribe them in a well bound book, which list shall show essentially the same statements as are shown by the original list kept in the office of the commissioner of public lands and buildings, with the appraised value entered, which book shall be forwarded to the county treasurer before the day set for sale, and shall be by him kept as of record in his office, and in which shall be kept a record of all sales or leases thereafter issued or made in that county, and the said treasurer shall use due diligence to collect all money by his books or the records of the commissioner found to be due. When payments are made he shall deliver a receipt therefor to the person paying the same, a duplicate of which he shall file in the office of the county clerk, to be by him transmitted to the commissioner of public lands and buildings, and when by said commissioner found correct and entered of record, shall be filed with the auditor of public accounts, and the original receipts shall be countersigned by said clerk and returned to the party making such payment, and no receipt shall be held valid unless countersigned by said clerk.
SEC. 9. [Payment for improvements.]-Any person purchasing lands upon which improvements have been made by any other person, the purchaser shall pay the full price of said land and improvements to the county treasurer, and the treasurer shall pay the appraised value of the improvements in cash to the person owning the same, and any person having made improvements on any land sold to another, may at any time before receiving the appraised value thereof from the county treasurer, and within six months from the day of sale, remove such improvements from said land, and upon such removal the said treasurer shall return to the purchaser the appraised value of the improvements; Provided, That any person that has heretofore occupied or improved any of the educational lands that have not been appraised, may apply in writing to the chairman of the county board to have such land appraised for the purpose of lease or purchase, and such land may then be leased or purchased the same as other land under the provisions of this act; Providing, That such appraisal shall be made within six months from the taking effect of this act.
SEC. 10. [Certificate of purchase.]-Upon any puolic or private sale of lands had under this act upon which full payment has not been made as herein provided, the commissioner of public lands and buildings shall issue a certificate of purchase with the seal of his office thereto attached, showing the land purchased, the amount paid, the amount due, and the time when the interest and princi'pal are due, and upon payment of such amount according to law, the purchaser or his assignee shall be entitled to a deed of said land; Provided, The commissioner of public lands and buildings shall cause to be furnished the necessary blanks and reasonable rules and regulations to carry this act into effect.
SEC. 11. [Same-Payments endorsed.]-Whenever payments of interest are made to the county treasurer as herein provided, he shall endorse the amount paid upon such certificate of purchase.
SEC. 12. [Deed.]-When the board becomes satisfied that full payment has been made upon any tract of land heretofore or hereafter sold, the governor shall, under the great seal of the state, issue a deed therefor to the purchaser or his assignee, and all deeds so issued shall be attested by the commissioner of public lands and buildings, and a record thereof kept in his office.
SEC. 18. [Payment of part of principal.]-Any person purchasing land under the provisions of this act may at any time pay any portion of the principal thereon to the county treasurer of the county in which the land is situated, who shall give the same receipt as he is required to give when payment of interest is made, and the county clerk shall transmit one of said receipts to the commissioner of public lands and buildings, and the said commissioner shall credit the amount of principal so paid upon the account of said sale contract, and file said receipt with the auditor of public accounts as in other cases.
SEC. 14. [Lease.]-Immediately after the close of the sale provided for in section five, all unsold lands shall be subject to lease at a rental of six per cent on the appraised value. Applications for the lease of any such lands shall be made to the county treasurer at the county seat, and shall contain an affidavit that the applicant is not the owner of a lease of more than 640 acres of state educational lands, including the amount called for in the application, and desires the lease for his own use and benefit; and such application shall be accompanied by the amount due as rental to the first day of July or January, as the case may be; Provided, That if two or more parties desire to lease the same land, the treasurer, or commissioner of public lands and buildings, if he be present, shall proceed to auction the same off and lease the same to that person who, in addition to the six per cent rental, will pay the highest rate per cent. on the appraised value of said land for said lease. If improvements are shown by the appraisal to be located upon said land, the person, other than the owner of them, who is the highest bidder shall deposit with the county treasurer the appraised value of said improvements in addition to said premium, and first payment of rental; the value of said improvements to be paid to the owner of them, or if said owner is dissatisfied with such amount he may within six months remove the said improvements. Upon the payment to the treasurer of the rental, and premium, if any, he shall issue his receipt in duplicate, specifying on what account the money is paid, and the application for lease and duplicate receipt for money paid shall be transmitted by the treasurer to the commissioner, who shall, if the foregoing proceedings appear to be regular, issue a contract of lease in duplicate and transmit the same to the county treasurer for the signature of the lessee, after which one copy shall be delivered to the lessee, and one copy returned to the commissioner, who shall enter the same upon the books of his office. Each lease shall contain a covenant or contract that the board of educational lands and funds shall, during the year 1888 and every five years thereafter, provide for the reappraisal of such lands, the lessee will promptly pay the rental semi-annually in advance; that no waste shall be committed upon the land, and that the premises shall be surrendered at the expiration of twenty-five years from the first day of January next ensuing after the date of the lease, or sooner, with the consent of the commissioner; that the lessee will pay for the use of said lands the annual rate of six per cent per annum upon the appraised value, and that upon a failure to pay the agreed rental for the period of six months from the time said payments are due the said lease may be forfeited and fully set aside as provided in section sixteen of this act,
SEO. 14. See 12 Neb. 529. 15 Id. 245.
and no assignment of such lease contract shall be valid unless the same be entered of record in the office of the commissioner of public lands and buildings. The premiums paid into the state treasury shall be credited to the temporary school fund; Provided, The said board shall have a reviewing power over the acts of appraising under this section.
SEC. 15. [Appraisal of leased land for sale.]-Any lessee of any educational land may apply in writing to the chairman of the board of county commissioners, or supervisors, as the case may be, to have the land embraced in his lease appraised for the purpose of sale; and it shall be the duty of said county commissioners, or a majority of them, or if the county is under township organization, three of the supervisors, to be designated by said board from among their number, or a majority of such designated supervisors, to view the land so desired to be purchased by such lessee, and return a true and correct value of said land, under oath. The material facts of such return shall be reported to the said.board of county commissioners or supervisors, and entered upon the record books of their proceedings. After the foregoing proceedings have been had the applicant to purchase may pay to the county treasurer the appraised value of said land, and shall then be entitled to receive the deed for the same upon forwarding the proper evidence of such appraisal and payment of the purchase price to the commissioner of public lands and buildings; Provided, That such applicant to purchase may at his option pay any sum not less than one-tenth of said purchase price if the land be prairie land, nor less than one-half of said purchase price if the land be timber land, and upon the forwarding of such application to purchase, abstract of sale showing description of land, amount of sale, amount paid, amount unpaid, and name of purchaser, with a duplicate of all receipts issued by the county treasurer to such applicant to purchase, to the commissioner of public lands and buildings, the said applicant shall be entitled to a contract of sale as provided in section 10 of this act; Provided further, That no land shall be sold for less than seven dollars per acre, and the applicant to purchase shall pay the sum of three dollars per day and five cents per mile for each mile necessarily traveled to each appraiser in the making of such appraisal.
SEC. 16. Default in payments-Forfeiture.-If any lessee of educational lands shall be in default of the semi-annual rental due the state for a period of six months, or any purchaser of educational lands be in default of the annual interest due the state for one year, the commissioner of public lands and buildings may cause notice to be given to such delinquent lessee or purchaser that, if such delinquency is not paid within six months from the date of the service of such notice, his lease or sale will be declared forfeited by the board of educational lands and funds. If after such notice the amounts due are not paid within six months from the date of the service of such notice thereof the said contract of lease or sale may be declared forfeited; and the lands therein described shall revert to the state the same as though such lease or sale had never been made; and the order making such forfeiture shall be spread upon the records of the board of educational lands and funds. In case the owner of such contract of sale or lease be a non-resident of this state, or his address be unknown, the notice herein contemplated shall be published three weeks in some newspaper published or of general circulation in the county where the land is situated. The forfeiture may be entered by said board after ninety days from the date of such published notice. The provisions of this section shall apply alike to all the lands heretofore sold or leased, and to all lands hereafter sold or leased as educational lands of this state; Provided, The owner of any contract of sale or lease so forfeited may redeem the same by paying all delinquencies and costs at any time before such land is again. sold or leased.
SEC. 17. [Waste-Trespass.]-If any person shall commit waste or trespass, or other injury, upon any of the lands herein referred to, the person so offending shall, on conviction thereof, be fined in a sum not less than twenty-five dollars nor exceeding one thousand dollars.
SEC. 18. [Destroying timber.]-If any purchaser of timber land shall, before receiving his title in fee simple therefor, cut or destroy any timber on said land, any further than may be actually necessary for the building and repairing of fences, and for the family of the occupant, he or she shall be liable, in a civil action, for the recovery of the amount of damages done to the land.
SEC. 19. [Complaint-Recognizance.]-All civil officers, upon information on oath, or of their own knowledge shall cause any person committing any of the offenses mentioned in section seventeen of this act, to be brought before them by a like process as in criminal cases, and to enter into recognizance for his appearance at the district court of the state, to be held in the county where said lands are located, on the first day of the next term thereof, and in default of such recognizance they shall commit such person to the jail of the county.
SEC. 20. [Charge to grand jury.-The judges of the district court shall give the seventeenth section of this act in special charge to the grand jury at each term, who are required to especially inquire into and make presentment of all offenses committed against the provisions of the same.
SEC. 21. [Fines and penalties.]-All fines and penalties accruing under the provisions of this act shall be paid into the county treasury by the officer collecting the same, who shall take duplicate receipts therefor, one of which he shall file in the office of the county clerk, and such funds shall be apportioned among the schools of the county where the same accrued, on the same basis as other money applicable to the support of schools are required by law to be apportioned.
SEC. 22. [Disposition of funds.]-All moneys received as advance or full payment by the purchaser of land heretofore sold or hereafter sold under the provisions of this act, together with all the forfeitures arising under this act, shall be paid by the officers receiving said moneys to the treasurer of the state, specifying whether said money is for the common schools or university, normal school or agricultural college, and such money shall be held as the principal of the university, normal school, or agricultural college, or permanent school fund, as the case may be.
SEC. 23. [Fees and expenses.]-The appraisers of any land under this act shall be allowed the sum of three dollars per day for their services. The publisher of any advertisement for the sale of lands shall be allowed the fees fixed by law for publishing legal advertisements. The commissioner of public lands and buildings shall be re-imbursed his actual traveling expenses incurred, not exceeding five cents per mile, in making sale of lands. All accounts for any such service shall be examined and approved by law; and said accounts shall be audited by the board of educational lands and funds, and paid by warrants drawn upon the appropriation placed at their disposal.
SEC. 24. [Meeting of board.]-The board for the sale, management, and leasing of lands under the provisions of this act shall meet on the second Tuesday of each month; the governor shall be chairman, and the commissioner secretary of the board. They shall keep a record of all proceedings and orders made by them. No order shall be made except upon the concurrence of at least three members of said board.
SEC. 25. [Same-Investment of funds.]-The said board shall, at their regular meetings, make the necessary orders for the investment of the principal
SEC. 25. See 15 Neb. 609, 686.