CHAPTER 69.-PUBLIC LANDS.

ARTICLE 1.-RECORD TITLE.

SECTION 1. | Records.]-That it shall be and is hereby made the duty of the governor, immediately after the passage of this act, to cause true copies of all communications from the secretary of the interior department of the United States, now on file in any department of this state, in or by which any lands or selections thereof have been confirmed or certified to this state under or by virtue of any grant or act of congress, to be prepared and certified under the state seal, and recorded in each of the counties of this state in which any of the lands in such copy described are situated [1872, 7. G. S. 868.]

SEC. 2. [Same-Future communications.]-That whenever any communication shall hereafter be received by the governor, or at any of the departments of the state government from the secretary of the interior, when or whereby any lands or selection thereof shall be confirmed or certified to this state, under or by virtue of any grant or act of congress, it shall be the duty of the governor to cause a copy thereof to be prepared, certified, and recorded in the manner specified in the first section of this act.

SEC. 3. [Record-Fees.]—That it shall be the duty of the several county clerks to whom any such copy shall be presented, to record the same in the book or books in which land patents are or may be recorded, and in the order in which such copy may be received; and such clerks shall be entitled to the same fees for recording such copies as are allowed by law for recording deeds, which fees shall be paid them out of the general fund, upon the warrant of the auditor therefor.

SEC. 4. [Same-Copies-Evidence.]—That each such copy, in this act provided for the record thereof, on a transcript of such record certified under the hand and seal of the county clerk in whose office the same shall be recorded and shall be received in all courts and places whatever as evidence of each and every fact and thing there in stated, as well as of the absolute title of the United States in and to the lands therein described, at the date of such communication.

SEC. 5. [Entry on state lands by mistake.]-That whenever any person has been allowed a homestead or pre-emption filing on land in any United States land office in the state of Nebraska, supposing the land to belong to the United States, or supposing the same to be open to homestead or pre-emption settlement because of being settled upon and improved before the survey thereof, and having made valuable improvements thereon, or any person having purchased the filing of any such lands, and afterwards ascertaining that the said lands belong to the state of Nebraska, the person entitled to said lands, shall be required to make a showing to the board of educational lands and funds, under oath, that his filing was made in good faith and not for the purpose of speculation, and that he supposed the land belonged to the United States at the time he made the homestead and pre-emption filing or purchased the said filing. [1881 §1, chap. 58.]

SEC. 6. [Duties of board of educational lands--Deed.]—That upon receiving such a showing the said board shall examine into said showing, and if it is satisfied that said claim is a just and proper claim, and made in good faith, and that the United States will deed to the state of Nebraska, land in place of that upon which "An act to provide for recording the state's title to certain lands." Laws 1872, 7 G. S. 868. Took effect Jan. 19, 1872. Provisions of the several acts relating to land grants. entry and selection of public lands, swamp lands, etc., collated in Chap. 59, G. S. 858, omitted from this volume. See Chap. 80 and article VII, Chap. 83.

ART. I.

SECS. 5-6. "An act to provide for the relinquishment of the title to lands filed upon, supposed to be land belonging to the United States, and public lands settled upon and improved before the survey thereof." Passed and took effect March 3, 1881.

the appliant has filed or purchased a filing, the said board shall order a deed executed by the governor of the state of Nebraska to the United States, for said lands, to allow said party to complete his title under the United States laws, and thereupon the governor shall execute a deed of relinquishment to the United States for the said lands. [Id. § 2.]

ARTICLE II.-SALINE LANDS.

SECTION 1. [Appraisement.]-That the board of public lands and buildings of the state of Nebraska are hereby directed to adopt such measures within sixty days after this act has become a law as will authorize and require the commissioner of public lands and buildings to make careful appraisement of all the saline lands owned by the state on the 1st day of March, 1885, and separately appraise any and all improvements thereon except that portion of section 21 now owned by the state, and all of section twenty-two, and the south half of section 15, all in township number ten, north of range six, east of the sixth principal meridian; and also except each and all of the salt springs owned by the state, and forty acres of land with each spring upon which the same is situated. The expense of said appraisement shall be audited by the board of public lands and buildings, and paid out of the saline fund, created as hereinafter stated, and as nearly as may be as provided in section 8 af this act. [1885, chap. 91.]

SEC 2 [Advertisement-Sale.]-That said commissioner of public lands and buildings, when the said lands have been appraised, shall make a report of the same with the appraised value thereof to the board, and also the appraised value of the improvements on said land and keep a record thereof in his office, and the said board, upon receiving such report, shall at once direct the said commissioner to advertise the lands appraised as aforesaid for sale in at least three newspapers in the state for thirty days before the day of such sale, and on the day mentioned in such advertisement the said lands shall be offered for sale at public auction, and sold to the highest bidder therefor; Provided, Said lands shall be offered in tracts not exceeding one hundred and sixty acres at one time, and shall not be sold at less than the appraised value thereof, exclusive of the appraised value of the improvements on said land, and for the purpose of making such sale the commissioner aforesaid is hereby authorized to employ a competent crier or auctioneer, who shall be paid from proceeds of sales at a rate not to exceed three dollars per day The said lands, remaining unsold, after having been offered at public sale as aforesaid, shall be kept in the market for private sale at the office of said commissioner for such time as the board may deem proper, not to exceed one year subsequent to such sale, when the residue, if any, shall be advertised in like manner and again offered at public sale. And in case any of said lands shall remain unsold after having been offered at public sale the second time, such remaining lands shall be re-appraised and again offered for sale at public auction, upon notice of such sale being given as above provided, and the lands remaining unsold after having been offered at public sale under the appraisement shall be kept in the market at private sale, at the office of the commissioner for such time as the board may deem proper, but in no case shall any of said lands be sold for less than the appraised value thereof in addition to the appraised value of the improvements thereon, and all the proceeds realized from such sales shall be deposited by the commissioner of public lands and buildings in the state treasury, (except the amount realized for the improvements upon said lands, which amount shall be immediately paid to the owner or owners of said improvements,) making also a detailed statement to the board of the lands sold, and the funds received therefor, and such moneys when deposited with the treasurer, shall constitute what shall be known as the saline fund of the state, and disbursed in the manner hereinafter set forth, and no other; Provided. That only so much of said lands shall be sold as may be necessary to raise the amount hereby appropriated, and that none of said lands shall be sold for less than seven ($7) dollars per acre.

ART. II. "An act to provide for the sale and leasing of the saline lands and the development of the saline interests of the state of Nebraska." Took effect June 5, 1885. Laws 1885. Chap. 91.

SEC. 3. [Certificate of purchase.]-Whenever any of the lands shall be sold and the purchase price paid, the commissioner of public lands and buildings shall issue a voucher to the purchaser under his seal, showing the name of the purchaser, the description of the land sold, the purchase price, and that the same has been duly paid. The purchaser, his agent, or attorney, shall file said voucher in the office of the governor, and the governor shall thereupon issue to the purchaser a deed or patent from the state of Nebraska, conveying to him the land described in the voucher, which deed or patent shall be duly countersigned by the secretary of state, and shall then be entitled to be recorded in the record of deeds of the county in which the lands are situated.

SEC. 4. [Contracts with private parties.]-The said board of public lands and buildings may order the commissioner to make a contract on the part of the state, subject to the approval of the board, to such persons or corporations that are residents of this state or incorporated under the laws thereof, as will first at their own expense prove to the satisfaction of the board that the brine now obtained is of sufficient quantity, quality, and strength to justify the state in the expenditure for the dykes and ditches hereinafter named, by actually manufacturing from said brine one hundred barrels of salt per day for thirty consecutive days. [Amended 1887, chap. 56.]

SEC. 5. [Same-Dykes and ditches.]-After the said persons or corporations shall have manufactured one hundred barrels of salt per day for thirty consecutive days, it shall be the duty of the board to direct the said commissioner to make such contract or contracts on the part and behalf of the state, as may be necessary, subject to the approval of the board, for building all dykes, and digging all ditches which may be nec essary, to prevent what is known as the big salt basin, situated on sections twenty-one (21) and twenty-two (22), in township ten, north, of range six, east of the sixth principal meridian, from being flooded with fresh water, and the said commissioner is hereby authorized to employ a suitable and skillful engineer and necessary assistants to examine the grounds, estimate the work, and ascertain and report what dykes and ditches are necessary for the purpose aforesaid, and the estimated cost of the same, and said board are authorized to audit and allow a reasonable compensation for the services of such engineer and his assistants. [Id.]

SEC. 6. [Manufacture of salt.]-Whenever such persons or corporations shall have proved to the satisfaction of the board that they have manufactured from the brine in the basin one hundred barrels of salt per day for thirty consecutive days, then the said board may order the commissioner to enter into contract with such persons or corporations for the manufacture of salt; Provided, however, That such persons or corporations shall be at all the expense incurred in the manufacture of salt, except as provided in section 5; And provided further, That the lessee shall at all times continue in operations and manufacture of salt, and said contract shall provide that if said persons or corporations shall fail, neglect, or refuse to manufacture salt for the period of six months, that the contract may, at the option of the board, be forfeited. [Id.]

SEC. 7. [Geological record.]—It shall be the duty of the board for the purpose of developing the geological formation of the state to continue the sinking of the well now in operation until the depth of two thousand (2,000) feet has been reached, and to provide for keeping a correct geological record of all strata passed through, and for this purpose they are hereby authorized to employ a competent geologist to keep such record and to pay him therefor out of the saline fund a reasonable compensation, not to exceed one hundred ($100) dollars per month. [Id.]

SEC. 8. [Expenditures.]-The board shall from time to time as the work progresses and the money is being expended by them in carrying out the provisions of this act, issue vouchers to the persons entitled to the same, and the auditor is hereby authorized and directed to draw his warrant on the treasurer against the saline fund of the state for the amount of said voucher; Provided, however, That in cases when work is being done under contract, the board shall, in issuing the voucher, retain twenty per cent.

of the estimated amount of labor done under said contract, and only issue a voucher for eighty per cent. of the same, until the whole contract shall have been complied with, and the work shall have been accepted by said board, and after such acceptance the board shall issue a voucher for the whole balance remaining unpaid on said contract. [Id.]

SEC. 9. [Leasing for manufacture.]-The said board are hereby authorized and directed to enter into such contract or contracts and lease or leases on the part of the state with persons or corporations who have complied with the conditions contained in section 4, in reference to the manufacture of one hundred barrels of salt per day for thirty consecutive days, for the manufacture of the brine which flows on the big salt basin, or which may be pumped thereon, into salt, as will best secure the manufacture of salt on the largest scale and insure the permanent development of the saline interests of the state of Nebraska, and for this purpose the said board are authorized to lease to the persons or corporations entering into contracts with the state for the manufacture of salt any and all saline lands owned by the state and lying contiguous or near to and including the big salt basin, for the purpose of allowing said lessees and contractors to erect on said lands, buildings, vats, reservoirs, aqueducts, arches, fixtures, and machinery necessary or convenient to have in the manufacture of salt. All of said contracts for the manufacture of salt from said brine and the leases on said lands for erection of fixtures for the manufacture of the same shall expire on the first day of January, A.D. 1920, and each of said contracts shall contain the following conditions and stipulations: First ----That the said lessees and parties entering into contracts with the state shall pay into the saline fund of the state of Nebraska, in consideration of the privilege of manufacturing salt from the brine which flows or may be pumped on the big salt basin, one cent a bushel of seventy pounds on all salt manufactured during the continuance of such contract or lease. Second-That the said contractors or lessees shall commence the manufacture of salt within such time as shall, in the opinion of the board, be consistent with the equitable rights of the contractors and the best interests of the state. ThirdThe contractors and lessees, their heirs and assigns, at the expiration of said contracts and leases, shall at their option, surrender up the demised premises and remove therefrom all buildings, vats, arches, machinery, fixtures, and property of every kind belonging to them or demand in writing a renewal of their contracts and leases of said board, and the state shall at its option either renew said contracts and leases, or take possession of all such buildings, vats, arches, machinery, fixtures, and property and pay to the contractors and lessees, their heirs and assigns, a just compensation therefor, the value to be determined by disinterested appraisement, the appraisers thereof to be appointed by the said board of public lands and buildings. Fourth-Each person, or if a firm or associa tion or some member thereof, or if a corporation, the secretary thereof shall make a return under oath to the commissioner of public lands and buildings on the first day of August and December of each and every year during the continuance of the lease or contract, in such form as he may prescribe, the amount of salt manufactured by each person, firm, association, or corporation, not previously reported, and pay the rent or royalty hereinbefore provided for, and a failure on the part of the contractors or lessees to make such report and pay the rent or royalty aforesaid for the space of ninety days after the report should have been made or the royalty paid, shall forfeit said lease or contract. [Id.]

SEC. 10. [Repairs.]-It shall be the duty of the board of public lands and buildings to see that all dykes and ditches and other property belonging to the state and used in and about the manufacture of salt, as in this act contemplated, are kept in good repair, and the commissioner of public lands and buildings is hereby authorized to enter into all necessary contracts for that purpose The expense of said repairs shall be paid out of the saline funds, and as nearly as may be in the manner prescribed by section 8 of this act. [Id.]

SEC. 11. [Appropriation.]—That the sum of fifty thousand dollars, or as

much thereof as is necessary, is hereby appropriated out of the saline fund of the state for the purpose of carrying into effect the provisions of this act, and the auditor is hereby authorized and directed to draw his warrant on said fund for that purpose.

LEASING SALINE LANDS.

SEC. 12. [Leasing.]-That the board of public lands and buildings shall cause all the saline lands of which the title is now vested in the state "except that leased to the Nebraska Stock Yards Association," be offered for lease; Provided, That the lands now leased to the Nebraska Stock Yards Association shall, upon the termination of said lease or leases, be subject to all the conditions of this act. [1889, § 1, chap 94.]

SEC. 13. [Abstracts.]-The commissioner of public lands and buildings shall cause suitable abstracts to be made showing the section, town, and range, and appraised value. [Id. § 2.]

SEC. 14. [Same-Appraisement.]-When the abstracts are made as shown in section 2, the commissioner of public lands and buildings shall cause a copy of said abstracts to be sent to the county commissioners of the county in which the land is situated, and shall instruct them to appraise the said lands at their true value for leasing, and separately appraise any and all improvements thereon, and make returns of the same to him, under oath; Provided, That the lands shall be appraised in forty-acre tracts or government subdivisions. [Id. § 3.]

SEC. 15. [Notice.]-After the said appraisement shall have been made and returned as provided in section three, the commissioner of public lands and buildings shall cause notice to be given for 30 days in two newspapers of general circulation in the county, that the lands will be offered for lease at public bidding, stating the day and 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. [Id. § 4.]

SEO. 16. [Terms of lease.]—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 pay the 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 (20) years the lessee shall deliver up to the state the said lands; Provided, That any lessee of said saline lands may apply in writing to the chairman of the board of county commissioners or supervisors, as the case may be, to have the lands embraced in said lease or any part thereof appraised for the purpose of sale, and when so appraised, said saline lands embraced in such application shall become subject to all the provisions governing the sale of educational lands belonging to the state as provided in section 1 of an act entitled "An act to amend section fifteen (15) of article one (1) of chapter eighty (80) of the consolidated statutes of 1887, entitled school lands and funds," approved March 28, 1891, being section 3830 of the consolidated statutes of Nebraska of 1891. [Sec. 15. ch. 80.] [Amd. 1893, chap. 22, § 1.]

SEC. 17. [Investment of fund.]-The board of public lands and buildings shall place all moneys accruing from the operation of this act in the permanent school fund of this state, subject to the same acts governing the said permanent school fund. [Amd. 1893. Id., § 2.]

SEC. 18. [Forfeiture.]-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, and when so forfeited it shall again be offered for lease, after having again been advertised as provided in section four of this act. [Id. § 7.]

ARTICLE III.-MISCELLANEOUS.

SECTION 1. [Purchase by school districts.]-The school district in which

SECS. 12-18. "An act to provide for the sale and leasing of the saline lands belonging to the state of Nebraska.' Took effect July 1, 1889. Laws 1889, Chap 94.

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ART. III. "An act to enable school districts, churches, and cemeteries to purchase land from the state." Took effect June 5, 1885, See also last section of Art. I, Chap. 80, post.