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be registered, sold and leased, and the funds arising from the sale thereof to be invested in the manner provided by this act.
livered to com. missioner.
SEC. 2. All records, books, and papers appertain Records de ing to the lands described in the preceding section, now in the possession of any state or county officer, and all records, leases, notes given for the unpaid principal of school lands, or any other books and papers appertaining thereto, now in the possession or under the control of any county officer or commissioners in any county, shall forthwith be turned over and delivered to the commissioner of public lands and buildings, and be by him preserved under the direction of the board.
Sec. 3. The commissioner of public lands and build- Abstracts of ings shall, under the direction of the board, cause lands. 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 appraised value per acre; the value of improvements and total value. In an. other 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 issuance of a deed forthe land.
SEC. 4. When the title to the university and agriagricultural college lands, cultural college lands shall have been perfected, it shall
be the duty of said board to cause abstracts thereof to be made by counties, on blank forms prepared for that purpose, and forward the same to each county clerk, who shall forth with appoint three persons, none of whom shall reside upon the land shown by such abstract, who shall subscribe to an oath before a proper officer, to carefully 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 county clerk. Upon the completion of such appraisal, the county clerk shall return the abstract thereof to the commissioner of public lands and buildings, and the appraised value of such lands shall be entered upon the abstract provided for
in the preceding session. Roappraisal of
Sec. 5. 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 hereinbefore provided for.
Sec. 6. Whenever the title to any lands selected in school lands. lieu of sections sixteen (16) and thirty-six (36) of school
lands has been confirmed, the same shall be appraised in the manner provided for in section four (4) of this act.
Sec. 7. In all counties where the educational lands or portion thereof have been appraised, the commissioner of public lands and the buildings shall, either 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, That
Sale of educa. tional lands.
Terms of pay
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 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; Provided, further, That no lands shall be sold for less than the appraised value thereof, or sold for less than seven (7) dollars per acre, in addition to the improvements on said land.
Sec. 8. Payments for lands sold under the provisions of this act shall be made as follows: For prairie More 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. When full price is not paid as above, the purchaser shall give a promissory note to mature in twenty years after date, bearing interest at the rate of six per cent per annum, payable annually in advance, the first payment of interest being computed to the first day of January next after the date of the note; Provided, That when such note is given for timber land, it shall be endorsed by two freeholders of the county, to be approved by the commissioner of lands and buildings; And provided also, That nothing in this act shall be construed as to prevent purchasers from making full payments at any time during the year.
Sec. 9. 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 receipts therefor to the board, be entitled to receive a deed from the state. Notes given for deferred
Payments, when made.
Record of list.
payments shall be kept by the land commissioner, and all payments of interest shall be properly. credited on the books of the land commissioner, and when full payment is made, and a deed thereof issued by the state, the said notes shall be delivered up to the purchaser or his assigns.
Sec. 10. 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 such receipt shall be held valid unless countersigned by said clerk.
Sec. 11. In all cases of school lands sold prior to July 1, 1876, and any forfeiture shall have accrued by
Time of payment extended.
reason of non-payment of principal, the time for payment thereon shall be extended for the term of ten (10) years from and after the aforesaid date, provided, The purchaser of such lands shall make application for suclı extension on or before the first day of June, A.D. 1877, and pay all interest that may be due thereon at such date, and any party who has theretofore bought school lands and executed a note in payment thereof, and has neglected to pay the deferred payments or interest due thereon, shall, upon the surrender of said lands to the state with all the improvements thereon, be entitled to have said note canceled and given up. ·
Sec. 12. Any person purchasing land upon which Value of im
provements de they have made improvements shall be allowed to de- ducted. duet the appraised value of such improvements from the amount bid for said land, and in the event that any other person purchase land upon which any other person has improvements, the purchaser shall pay the full price of said land 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 upon 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.
SEC. 13. Upon a sale of lands as herein provided certificate of
purchase the commissioner or his agent 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 interest and balance of principal is due, and upon the payment of such