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SEC. 22. If any purchaser of timber land shall, before Destroying 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 twice the amount of damages done to the land.

SEC. 23. All civil officers, upon information on oath, penalty. or of their own knowledge, shall cause any person commit- prosecuted. ting any of the offenses mentioned in section twenty-one 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. 24. The judges of the district court shall give the Grand Jury to twenty-first 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. 25. All fines and penalties accruing under the rines, disposal 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. 26. All moneys received as advance of 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,

Principal of moneys, how


specifying whether said money is for the common school or university, or agricultural college, and such money shall be held as the principal of the university, agricultural college, or permanent school fund, as the case may be.

Fees of officers SEC. 27. The appraisers of any land under this act shall and publishers. be allowed the sum of three dollars per day for their ser

Meetings of board.

Investment of funds.

Sales that act applies to.

vices. 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 reimbursed 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 as provided by law.

SEC. 28. 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 commissioner of public lands and buildings shall be chairman, and the secretary of state ex-officio 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 occurrence of at least three members of said board..

SEC. 29. The said board shall, at their regular, meetings, make the necessary orders for the investment of the principal of the fund derived from the sale of said lands then in the treasury, but none of said funds shall be invested or loaned except on United States or state securities and registered county bonds. Provided, The said board at their discretion may, in the purchasing of such bonds, pay from the temporary school fund a premium on high rate of interest bonds. Provided, however, The said premium shall not be such as to reduce the investment in such case to a lower rate of interest than six per cent per annum.

SEC. 30. The provisions of this act in relation to the payments of interest upon the purchase money of any lands sold as herein provided, shall apply to all future payments

of interest upon sales of school lands heretofore made in this state, and the said board shail, in their entries made under section three of this act, compute the interest due accordingly.

school section

SEC. 31. Any portion of the lands of this state gov- Subdivision of erned by this act adjoining the site of any city or town into lots. Sale. may be subdivided into lots and sold as herein provided. The board being satisfied that by a division of a division of any such tract into lots the sale of the same can be made for a greater amount than if sold in tracts of forty acres, as herein provided, shall have the authority to employ the necessary surveyors, and cause such tracts to be subdivided into lots and tracts of such size as they may determine, and a plat of the same shall be made and filed for record in the office of the county clerk. Tracts of land so subdivided shall not be leased, but each lot situated therein shall be sold at public auction at such time as the board shall direct, and sold as other lands are sold; such lots shall be appraised by the appraisers to be appointed by the board, none of whom shall be occupants of the lands so sold. The commissioner of public lands and buildings shall give thirty days notice of such sale, and publish the same in three newspapers of general circulation throughout the state, one of which shall be published in that county, and if no newspaper is published therein, notices of such sale shall be posted in five of the most public places in the county. Each notice shall contain a list of the land to be sold, and the appraiser's value of each. The sale of such lots shall take place on the day appointed under the direction of the commissioner, and the same shall be sold to the highest bidder, but in no case for less than the appraised value. Lots remaining unsold shall be again offered for sale at public auction, at such time as the board shall direct; Provided, That the said commissioner may adjourn the sales from day to day until all the lots be offered.

Expenses, how


Accounts with


SEC. 32. The expenses attending such sale shall be paid as othe. expenses of sale of school lands as herein before provided.

SEC. 33. The auditor of public accounts shal! charge county treasur- each of the county treasurers in the state the amount of money received as principal and interest, separately from the sale or lease of lands in their respective counties as shown by the receipts forwarded by the clerks of the several counties and upon payment of the same to the state treasurer, and the presentation of the state treasurer's receipt, shall credit the several county treasurers with the amount of the same.

Taxation of land.


479, 487, 1877.

174, 1879, 149.

SEC. 34. School lands sold under the provisions of this act, or such as have been heretofore sold, shall not be taxable until the right to a deed shall have become absolute, except for the value of the interest of such purchasers, which interest shall be determined by the amount paid and invested in improvements on such lands.

SEC. 35. That an act entitled "An act to provide for Act repealed. the registry, sale, leasing, and general management of all lands and funds set apart for educational purposes, and the investment of funds arising from the sale of such lands," approved February 19, A.D. 1877, being article I, chapter 80 of the Compiled Statutes, and also article III of said chapter 80, is hereby repealed.

Approved February 24th, A.D. 1883.



AN ACT to transfer certain lands of the State to the common school fund of the State.

Whereas, The eighth section of the act of Congress, entitled "An act to appropriate the proceeds of the

sales of public lands and to grant pre-emption right,” approved September 4, 1841, granted to this State upon its admission into the Union, "So much land as, including such quantity as may have been granted to such State before its admission and while under a territorial government, as shall make five hundred thousand (500,000) acres for purposes of internal improvements."

Selections were made by duly authorized agents of the State, and were disposed of in pursuance of the provisions of an act of the legislature, entitled "An act to dispose of the lands granted to the State of Nebraska for works of internal improvements," approved February 15, 1869; and

Whereas, There still remains undisposed of one hundred and sixty (160) acres of said land, to-wit: The northeast quarter of section twenty-one (21), town three (3), north of range six (6) west, as shown by the detailed report of the commissioner of public lands and buildings; and

Whereas, A portion of said lands was settled upon by bona fide settlers and has been so settled and improved for the last five years, and should be placed upon the market for disposal; therefore,

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

Land trans

SECTION. 1. That all of said lands referred to in the preamble of this act, to-wit: The northeast quarter of ferred to school section twenty-one (21), town three (3) north, range six (6) west, be and are hereby transferred to the common school fund of the State of Nebraska.

SEC. 2. An emergency existing, this act shall take effect and be in force from and after its passage. Approved February 20th, A.D. 1883.

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