hour of the commencement of such public offering, and he shall continue from day to day until all of the said lands have been offered; Provided, That persons bidding off lands do not enter into lease for the same immediately, they will be again offered for lease before the public offering is closed.

pay the

3809. All leases shall be made at a rental of six per cent on the appraised value, payable annually, in advance, and in addition thereto the lessee shall appraised value of the improvements on said land, which amount shall be immediately paid to the owner or owners of said improvements. Applications for the lease of any such lands not leased at public offering may be made at any time to the commissioner of public lands and buildings; Provided, That if there be two or more persons wishing to lease the same land, the said commissioner shall auction off and lease the land to the person who, in addition to the six per cent rental, will pay the highest cash bonus for the lease. Each lease shall contain a covenant or contract that the land contained in such lease may be appraised every five years; also, that at the expiration of twenty years the lessee shall deliver up to the state the said land.

3810. The board of public lands and buildings shall, as soon as sufficient amount of interest or rental accumulates in the treasurer's hands, invest the same in registered school district or registered municipal bonds, and the treasurer shall hold the same as a permanent saline fund.

3811. If the lessee defaults in the payment of his interest or rental for more than one year, the commissioner of public lands and buildings may cause notice to be given and forfeiture ensue as provided in section 16, chapter 80, Compiled Statutes of 1887 [3831], and when so forfeited it shall again be offered for lease, after having again been advertised as provided in section four of this act.

Secs. 3812 to 3815. "An act to enable school districts, churches, and cemeteries to purchase land from the state." 1885, p. 333. In force June 5.

3812. The school district in which there be state land, school land, land of the school fund or otherwise, is empowered to purchase from the state any portion of such land, not exceeding forty acres, for school purposes, at not less than seven dollars per acre, and at the appraised value, which appraisement shall be made by the county treasurer and as many as two of the school officers of such school district, without compensation.

3813. That any church or cemetery association or corporation having control of a cemetery in a school district where there be such land referred to in the first section of this act, such church association or corporation may purchase from the state any portion of such lands, not exceeding ten acres, for church or cemetery purposes, at the appraised value. Such appraisement may be as provided for in sales of school lands to individuals; Provided, That when such land hath been previously the land required may be purchased at the former appraisement, but not lower than seven dollars per acre.

3814. That in the event of there being a school house, cemetery, or church building being located upon school land or any land of the state which has been or may hereafter 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 of 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.

3815. Sales of land made for the special 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.

SCHOOL LANDS.

Secs. 3816 to 3849. "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,” etc. 1885, p. 335. In force June 5. (Repealing act of 1883, p. 302.)

3816. That the board of commissioners provided for in section one of article VIII of the constitution, consisting of the governor, secretary of state, treasurer, attorney general, and the 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.

3817. The commissioner of public lands and buildings shall, under the direc tion 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.

3818. 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 taxpayers, residents of 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 purposes of lease and sale as provided by this act.

3819. The said board may, when they deem it to the best interests 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 hereinbefore provided for.

3820. 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.

3821. Payment for lands sold under the provisions of this act shall be made as follows: For prairie lands at least one-tenth of the purchase price, cash in hand, or such other sum more than one-tenth as the purchaser may desire to pay; other lands one-half cash in hand, or cash down for either, at the option of the purchaser. Notes shall be given by the purchaser for the unpaid principal of all lands sold on time, and shall be due in twenty years from 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, and shall become due and payable as follows: On the day of sale the interest on the unpaid principal shall be computed, and paid up to the first day of January next ensuing, and thereafter it shall become due and payable annually, in advance, on the first day of January of each year; Provided, That nothing in this act shall be construed as to prevent the purchaser from making full payment of principal at any time during the year, providing the interest shall have been paid up to the first day of January next ensuing.

Amended 1887, p. 616.

3822. 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.

3823. 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.

3824. 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; Provided, That such appraisal shall be made within six months from the taking effect of this act.

3825. Upon any public 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 principal 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, That 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.

3826. Whenever payments of interest are made to the county treasurer, as herein provided, he shall endorse the amount paid upon such certificate of pur

chase.

3827. 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.

3828. 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.

3829. 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 a 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 to 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 off and lease the same to that person who, in addition to six per cent rental, will pay the highest rate per cent on the appraised value of said lands 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

if

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 said improvements. Upon the payment to the treasurer of the rental and premium, any, he shall issue his receipt in duplicate, specifying on what amount 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 and transmit to the county treasurer a contract of lease to be by him transmitted to the lessee. Each lease shall contain a covenant or contract that the board of educational lands and funds may, during the year 1888, and every five years thereafter, provide for the reappraisal of such lands, that 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 [3831]; 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 premium 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.

Amended 1887, p. 617. Lease is per onal property and may be sold by administrator. 26, 316 (41 N. W.,1117). Board cannot be compelled to lease lands to one who refuses to comply with his bid, but makes another bid therefor. 18, 597 (26 N. W., 386).

3830. Any lessee of any educational land may apply in writing to the chairman of the board of county commissions, or supervisorers, 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, not 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 ten (10) of this act [3825]; Provided further, That no land shall be sold for less than seven dollar 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