2444. Minimum prices of University and School Lands; to be first offered at Public Auction. 2445. Terms of payment. 2446, 2447. Certificate of purchase, what to contain. 2448. When twenty per cent. of principal paid, purchaser may pay balance of principal at any time thereafter at his option; Interest on unpaid principal, when paid. 2449. When Commissioner may take possession and resell. 2450. Commissioner may require security of purchaser. 2451. Patents, how issued, and to whom. 2452. Fee of Land. 2453. Commissioner may recover amount due for which security is given. 2454. Improved Lands, how Sold. 2455. Commissioner may lay off tracts into small lots, and sell them; Appraisal. 2456. Appraisers to be sworn, and make Appraisal and return. 2457. Lots to be sold at Appraised value, and not below Minimum price. 2458. When Lands may be withheld from Sale. 2459. Forfeited Lands to be offered at Auction; Minimum price of improved Lands. 2460. Sale, when held, how notified. 2461. Rights of purchasers, etc., under Certificate; Certificates may be Recorded. 2462. Payments to State Treasurer on Certificates. 2463. Redemption of rights forfeited by pur chaser. 2464. Lists of forfeited Lands, and unsold Lands improved, to be sent to County Clerks, etc. 2465. Supervisor to Appraise improvements; Proviso. 2466. On return of Appraisal, Commissioner to fix price. SECTION 2467. Price of unimproved University Lands. 2468. Leasing of improved Lands. 2469. Commissioner may cause necessary Surveys to be made. STATE BUILDING LANDS. 2470. Minimum price of State Building Lands. 2471. Terms and conditions of Sale. STATE SALT SPRING LANDS. 2472. Minimum price of Salt Spring Lands. 2473. Terms and conditions of Sale. 2474. Lands to be first offered at Public Auction. 2475. Certain portions not to be Sold. 2476. When tracts to be laid off into Village Lots, etc., and how Minimum price estab lished. 2477. Moneys received on Sale to be credited to General Fund. INTERNAL IMPROVEMENT LANDS. 2478. Price of Internal Improvement Lands; To be first offered at Public Auction. 2479. Not to be Sold for less than the Minimum price. 2480. Lands obtained in payment of debts, etc., how Appraised and Sold. 2481. When subject to Private Sale. 2482. On the Sale, Certificate to be given, what to contain. 2483. Kind of Funds received, to be endorsed on Certificate. 2484. Notice of Public Sale, how to be given. 2485. Commissioner to transmit to Governor a statement of Certificates issued, once in three months. 2486. Governor to issue Patents, and deposit the same with Secretary of State. 2487. Patent not to issue unless Title of State is perfect. 2488. Secretary not to deliver Patent, until Certificate is surrendered, unless lost or destroyed. SECTION 2489. Certificate evidence of Title for certain purposes. 2490. What may be received in payment. MISCELLANEOUS PROVISIONS. 2491. Commissioner to have custody of books and papers relating to Lands. 2492. Maps to be furnished for Land Office. 2493. Lists of Lands Sold to be sent to County Treasurer annually. 2494. Map of Village Lots to be Recorded. 2495. Lists to be furnished to Supervisors by County Treasurer. 2496. Registers to Record Patents; effect of Record. 2497. Incidental Expenses of Land Office, how allowed and paid. 2498. Sale made by mistake, etc., to be void, and Money to be refunded, on surrender of Certificate. 2499. Assignees of purchasers, their rights and liabilities. 2500. In what parcels Land to be Sold. 2501. New Certificates may be issued in certain cases. 2502. Damages recovered to be paid over for benefit of proper Fund. 2503. Trespass, etc., on Public Land, a misdemeanor, and how punished. 2504. Courts to charge Grand Jury specially. 2505. Willful trespasser liable in treble damages; casual, etc., in single damages. 2506. Persons holding possession without authority, liable to action of forcible entry and detainer, etc. 2507. Prosecuting Attorney to report trespasses to Commissioner, and prosecute when directed. 2508. Prosecuting Attorney to give legal opinion. 2509. Seal of Land Office. 2510. Certain obligations receivable for University Lands. 2511. Limitation of amount. 2512. Amount received to be credited to Univer sity Fund quarterly. 2513. Fund relieved from payment of Interest on same amount of Stock, etc. 2514. Seal, evidence of execution of Certificate. 2515. Governor may issue Patents to Assignees. 2516. When Patents to be issued in name of deceased person. 2517. When purchaser or Assignee shall have died before issuing of Patent, Executor, etc., may sell Certificate. 2518. Issue of Patents in certain cases regulated. 2519. Commissioner to issue New Certificates in certain cases. 2520. Endorsements of credits on New Certifi cates. 2521. Applicant for New Certificate to present Affidavit of Supervisor; Other evidence. 2522. Commissioner to report to Secretary of Board of Regents. SECTION 2523, 2524, 2525. Annual Report to Regents thereafter. 2526. Regents entitled to copy of Statutes. 2527. Commissioner to issue New Certificates for Normal School Lands in certain cases. 2528. Proceedings necessary to procure New Certificates. 2529. Certain State Officers to be a Board for examination of claims growing out of Sales of School Lands, etc. 2530. Meetings of Board for examination and adjustment of claims. 2531. Applicants and Witnesses to be examined on oath. 2532. Certain Resolution repealed. 2533. Report of Board. 2534. Award of Board upon claims; State Offcers to carry award into effect. 2535. Bonds, etc., for Loans from University and School Funds to be delivered to Board for settlement. STATE SWAMP LANDS. 2536. Moneys or Land Warrants received by the General Government for Swamp Lands donated to the State to be received, and interest of the State in the Lands released. 2537. Right of pre-emption secured to occupant of Swamp Lands; Limitation of claim thereto. 2538. Notes of Surveys in Surveyor General's Office adopted as basis for receiving Swamp Lands. 2539. Swamp Lands only to be Sold in legal subdivisions. 2540. Commissioner of State Land Office to procure books, maps, etc., for his office. 2541. Commissioner of State Land Office to have supervision and disposition of Swamp Lands. 2542. How Lands may be sold, and at what price. 2543. Notice of Public Sale. 2544. Payments by Purchaser; Bid to be void if payment not made. 2545. Purchaser to take Land subject to obligations imposed upon State by Congress. 2546. Terms of payment. 2547. Certificate of Sale; Patents. 2548. Provisions of Law applicable to Public Lands to apply to Swamp Lands. 2549. Proceeds of Sale, how disposed of. 2550. Lands heretofore purchased, may be surrendered to State. 2551. Sales heretofore made, and not surrendered, confirmed. 2552. Repeal of contravening Acts. 2553. Purchasers from United States of State Swamp Lands, whose purchases have been canceled, may purchase from the State; Rights of pre-emption secured to occupants. Chapter Sixty of Revised Statutes of 1846. UNIVERSITY AND SCHOOL LANDS. Minimum price of be first offered at (2444.) SECTION 1. The minimum price of the unsold and School Lands; to unimproved University Lands shall be twelve dollars per acre, public auction. and the minimum price of the unsold and unimproved School Lands shall be four dollars per acre; but no such lands shall be otherwise sold until they shall once have been offered for sale at public auction, and no such lands shall be sold for less 1844, p. 82, etc. than the aforesaid prices respectively, nor shall any Treasury Notes or Warrants be received for University Lands hereafter forfeited to the State. Terms of payment. Certificate of purchase, what to contain. Ibid. When twenty per cent. of principal paid, purchaser (2445.) SEC. 2. The terms of payment on the sale of University and School Lands shall be twenty-five per centum of the purchase money, to be paid at the time of the purchase, the balance of the principal at any time thereafter, at the option of the purchaser, with interest at the rate of seven per cent. per annum on the unpaid balance, payable on the first day of March, or within sixty days thereafter, in each and every year, at such place or places as shall be specified in the certificate of purchase. (a) (2446.) SEC. 3. At the time of the sale of any such lands, the Commissioner shall make out and deliver to the purchaser or purchasers thereof a certificate, in which the said Commissioner shall, in the name of the People of this State, certify the description of land sold, the quantity thereof, and the price per acre, the consideration paid and to be paid therefor, and the time and terms of payment. (2447.) SEC. 4. The said certificate shall further set forth, that in case of the non-payment of the interest due, by the first day of March, or within sixty days thereafter, in each and every year, by the purchaser or purchasers, or by any person claiming under him or them, then the said certificate shall, from the time of such failure, be utterly void and of no effect, and the said Commissioner may take possession thereof, and resell the same as is hereinafter provided. (a) (2448.) SEC. 5. Any purchaser of University or School may pay balance Lands, his heirs or assigns, who shall have paid on or before of principal at the first day of March, one thousand eight hundred and forty (a) (a) As Amended by Act 30, of 1847. Laws of 1847, p. 39. See Seo. 2448. after at his op two, a sum equal to twenty per cent. of the purchase money any time thereon his certificate, together with the interest up to said day; tion. and any person who shall have become such purchaser since the thirteenth day of April, in the year one thousand eight hundred and forty-one, his heirs or assigns, who shall have paid according to the terms of his certificate, shall be privileged to pay the balance of principal due on his purchase at any time thereafter at his option; but in all cases the interest on the Interest on paid principal, unpaid balance of principal shall be paid on or before the first when paid. day of January, or within sixty days thereafter, in each and every year; and any purchaser of the right, title and interest of the original purchaser, his heirs or assigns, at an execution or mortagage sale, shall be deemed an assignee of the person whose right, title and interest was sold by virtue of such execution or mortgage. (b) sioner un possession and (2449.) SEC. 6. In case of non-payment, either of principal her may take or interest, when due, according to the provisions of the pre-P ceding section, or according to the terms of the certificate of sale, as the case may be, such certificate shall become void and of no effect from the time of such failure, and the Commissioner may take immediate possession thereof and resell the same. may require se chaser. (2450.) SEC. 7. The said Commissioner shall, whenever in Commissioner his opinion the interest of the State will not be secured by the curity of Purpayment in this chapter required to be made at the time of the purchase, require of the purchaser such security for the payment of any moneys to become due, and payable according to the terms of the certificate of purchase, as in his judgment will secure the respective funds against loss. sued, and to (2451.) SEC. 8. The Governor of the State shall sign and Patents, how iscause to be issued patents for said lands as described in the whom. certificates of sale, whenever the same shall be presented to him, with the further certificate of the Commissioner endorsed thereon, that the whole amount of principal and interest specified therein has been paid according to law, and that the 3 Mich. Rep. 509. holder of the certificate of purchase is entitled to a patent of the lands described therein; and the Governor shall in like manner sign and cause to be issued patents of said lands to any purchaser of the right, title and interest of the original pur (b) As Amended by "An Act to Amend Chapter Sixty, Title Twelve, of the Revised Statutes," Approved April 4, 1851; in force from July 8, 1851. Laws of 1851, p. 84. This Section had been amended in 1847, by substituting March for January, to correspond with Sections 2 and 4, as amended; and restoring the word January here, was probably an oversight. Fee of Land. may recover which security is given. chaser, his heirs or assigns, at an execution or mortgage sale, upon the presentment to him of the certificate of the Commissioner that the whole amount of principal and interest due thereon has been paid according to law, and that such purchaser at execution or mortgage sale is entiled to a patent for the lands described in such certificate. (c) (2452.) SEC. 9. The fee of each and every parcel of the said lands shall be, and remain in the State until patents shall issue for the same respectively, upon full payment as aforesaid; and in case of a non-compliance by the purchaser, his heirs or assigns, with the terms of the certificate as aforesaid, or with the provisions of law applicable thereto, any and all persons being or continuing in possession of any such lands, after a failure to comply with the terms of the certificate as aforesaid, or with such provisions of law as aforesaid, without a written permission of the Commissioner of the Land Office, shall be deemed and held to detain such lands forcibly, and without right, and to be trespassers thereon. Commissioner (2453.) SEC. 10. In all cases where security has been taken amount due for from the purchaser, pursuant to the provisions of the seventh section of this chapter, the Commissioner shall have power to sue for and recover all such sums as may become due and payable, for which such security was given. Improved Lands, how sold. Commissioner may lay off tracts and sell them. (2454.) Sec. 11. All the improved portions of the University and School Lands remaining unsold, shall be subject to sale at the respective prices at which they were severally offered at the last annual public sales, until the improvements on the same shall have been appraised as provided in this chapter. (2455.) SEC. 12. Whenever either the University or School into small lots, Fund will, in the opinion of the Commissioner, be improved by laying off any section or tract of University or School Lands into small parcels, or village lots, the said Commissioner may cause the same to be done, and may sell the same at the respective minimum prices established in this chapter; or if in his opinion any of such parcels or lots exceed in value such prices, he shall cause the same to be appraised by three disinterested freeholders of the county in which such parcels or lots are situated. Appraisal. Appraisers to be sworn, and make (2456.) SEC. 13. Such freeholders shall be appointed by the appraisal and re- Commissioner, and after being first duly sworn so to do, shall turn. (c) As Amended by Act 82 of 1851. Laws of 1851, p. 84. |