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School, ceme

tery or church

Post Ch. 85,
Sec. 33.

cemetery purposes, at the appraised value. Such appraisement may be as provided for in sales of school land to individuals; Provided, That when such land hath been previously appraised the land required may be purchased at the former appraisement, but not lower than seven dollars per acre.

SEC. 3. That in the event of there being a on state land. school house, cemetery or church building located upon school land or land of the state which has been or hereafter may be sold to any individual, corporation or parties, such school district, church or association, with the written consent of the purchaser or occupant, may purchase land for the purposes specified and obtain a deed from the state at the price the purchaser, assignee or occupant is to pay. The sum so paid for the tract obtained for such special purpose shall be deducted from the price the original purchaser was to pay.

Lands, how sold.

Secs. 6, 34.

SEC. 4. Sales of land made for the special Post Ch. 85, purpose herein contemplated shall be for cash, and if there be buildings on such land belonging to the state such buildings are to be appraised and sold separate.

Approved March 5th, A. D., 1885.

CHAPTER 85.

AN ACT to provide for the registry, sale, leasing, and general management of all lands and funds set apart for educational purposes, and for the investment of funds arising from the sale of such lands, and to repeal an act entitled "An act to provide for the registry, sale, and leasing, and general management of all lands and funds set apart for educational purposes, and for the investment of funds arising from the sale of such lands," approved February 24, 1883, and to repeal an act to provide for the registry, sale, leasing, and general management of all lands and funds set apart for educational purposes and for the investment of funds arising from the sale of such lands.

Be it enacted by the Legislature of the State of
Nebraska:

of commission

SECTION 1. That the board of commissioners Duty of Board provided for in section 1, article VIII, of the ers. constitution, consisting of the governor, secretary of state, treasurer, attorney general, and commissioner of public lands and buildings, shall cause all school, university, normal school, and agricultural college lands now owned by, or the title to which may hereafter vest in the state, to be registered, sold, and leased, and the funds arising from the sale thereof to be invested in the manner provided by this act.

Abstracts by

SEC. 2. The commissioner of public lands commissioner. 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

Appraisement, how made.

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. 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. The said board may, when they deem Re-appraising. 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 re-appraised, and the reappraised value thereof entered upon the abstract hereinbefore provided for.

tional lands.

SEC. 5. In all counties where the educational Sale of educalands 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 place where the same shall be held, shall be given by publication made four consecutive weeks in some newspaper published

Terms of payments.

Entitled to deed,

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 for land 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 onetenth 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. Payments made at such sale shall be made to the county treasurer, who shall deliver to the person making such payment a re

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