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CHAPTER XII.

An Act to Prevent Trespass on Lands Granted or Re

served by the Congress of the United States, to the State of Minnesota.

SECTION 1. Duties of County Commissioners and Sheriffs, of Justices of the Peace and

Constables. 2. Penalty for cutting, destroying or carrying away timber from public lands. 3. Penalty for owners of horses, mules, asses or oxen used for the purpose of

carrying away timber from said lands. 4. Repeal of Chapter 24 of Public Statutes.

officers

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

SECTION 1. That it is hereby made the duty of the county commissioners, and sheriffs in their respective

counties, and of justices of the peace and constables in Duties of county their respective townships, in the name of the State of

Minnesota, to prosecute upon view or information, all persons who shall, after the passage of this Act, commit any trespass on lands granted or reserved to the State by any act or resolution of Congress for public use.

Sec. 2. Any person, who shall under any pretence,

cut, fell, box, bore, destroy or carry away any tree or Penalty for cat- sapling, standing or growing, or any fallen or dead timting and destroy- ber upon any lands within this State, secured, appropriing timber ated or intended so to be by any act or resolution of Con

gress, either for the support of schools, or for the use and support of any university or college, or for any public buildings, or for internal improvements or for any other public use, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by fine not exceeding one hundred dollars, nor less than fifteen dollars, and in default of the payment of the fine, shall be committed to the county jail for a term not less than thirty days nor more than three months.

Sec. 3. Any person, being the owner of horses, oxen, asses or mules, who shall directly or otherwise, permit any person or persons, to use by or with his consent, said animals or any of them, in unlawfully carrying away or removing any timber from any of the lands mentioned in Penalty to ownthe preceding section, shall be deemed guilty of a misde- ers of horses, etc meanor, and shall be punished by fine not exceeding one hundred dollars nor less than fifteen dollars, and in default of the payment of the fine, shall be committed to the county jail for a term not less than thirty days nor more than three months.

Sec. 4. Chapter twenty four of the Public Statutes of Repeal of ChapMinnesota is hereby repealed.

ter 24 Sec. 5. This Act shall take effect and be in force from and after its passage.

Approved March 8th, A. D. 1861.

CHAPTER XIII.

An Act to Establish the Bureau of Public Lands, and

for other purposes.

SECTION 1. State Board of Commissioners-duty of said Board.

2. Governor to appoint suitable persons for unorganized counties.
8. Duties of Surveyors.

Board of Commissioners to have power to fix compensation for surveyors.
5. When to cause to be made an accurate survey of swamp lands--surveyor

to keep correct field notes, etc.
6. Board of Commissioners shall proceed to make contract for survey of all

lands embraced in said grant-Governor shall communicate result of said

survey, and procure such lands to be patented to the State.
7. Auditor of State to be Register of Bureau--compensation.
8. Treasurer of State to be Receiver of Bureau--his duties as said officer-

shall give bond for faithful discharge of his duty.
9. Nothing to be construed to interfere with the duties of the Governor and

other State officers.

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

SECTION 1. That the Governor, Attorney General and Superintendent of Public Instruction of this state be, and

Board of Comthey are hereby declared to be a State Board of Commis- missioners-duty sioners of Public Lands. It is hereby declared to be the of said Board duty of said board, to procure from the surveyor general of the proper districts of United States public lands, such certitied copies of the maps, together with the field notes, as may be necessary to enable them to discharge

the duties imposed upon said board by this act. They shall also procure from time to time schedules of all lands belonging to this State, or which may be hereafter acquired, and books prepared for those several purposes, and enter the school lands, university lands, salt lands, capitol lands, railroad lands, and swamp lands, and designate the same upon said map. And the said board shall have the general care and supervision of the public lands, the selling or leasing the same, and the investment and disposition of the funds arising therefrom, under such provisions of law as may be established in reference thereto; Provided, That the same books, plats and field notes shall, as far as practicable, be used by the bureau of public lands, and by the state board of commissioners of school lands.

SEC. 2. That the Governor shall appoint suitable perTo appoint sur sons for unorganized counties, and for such counties whose veyors for unor- surveyors neglect or refuse to comply with the requireganized counties ments of this Act.

Sec. 3. That the county surveyors and such persons

as may be appointed by the Governor, shall proceed to Duties of Sur.

examine the lands of their respective counties, ordered by said board to be surveyed and examined, under such rules and directions as shall be prescribed by the United States Commissioner of the General Land Office, and of the Board of Commissioners of Public Lands, and report the result of such examination by or within the time or times prescribed, such reports shall set forth the character and quality of all lands in which this State has or may have title, of whatsoever name or nature, embracing soil, timber and mineral, as observed on or near all lines followed or run by the surveyor, together with a schedule of all lands to which this Štate is or may be entitled under the act of Congress of March twelfth, eighteen hundred and sixty.

SEC. 4 That the said board of commissioners of pub

lic lands shall have the power to fix the rate or price per To fix compensa

acre to be allowed to the county surveyors and other persons making the surveys and examinations authorized by this Act, or ordered under or in pursuance thereof; Provided, That such compensation shall not exceed one cent per acre for all swamp lands so examined and acquired by the State.

Sec. 5. The said board of commissioners shall, prior

veyors

tion

made

to the first day of September, in the year of our Lord Accurate survey one thousand eight hnudred and sixty-one, cause and when to to procure to be made at the expense of the State an accurate survey of all swamp lands embraced in the grant made by Congress to Minnesota by the Act of March twelfth, eighteen hundred and sixty, in a certain number of congressional townships not exceeding twelve, to be selected and designated by said board of commissioners, and the surveyor or surveyors who shall be requested to make such survey, shall keep correct field notes and make accurate plats of the townships surveyed by them, showing the said swamp lands therein found, accompanied by a certiticate under the hand of such surveyor or surveyors, that the same is a correct plat of said township and that the number of acres of swamp lands found in said township by such survey is , and cause the same so certified, together with the field notes of such survey, to be filed in the office of said board of commissioners of public lands on or before the first day of September, in the year of our Lord one thousand eight hundred and sixtyone, and the said board of commissioners shall thereupon immediately cause copies of said plats, certificates and field notes to be made and transmitted immediately to the commissioner of the general land office at Washington, for his approval of the said surveys and plats, and the amount of swamp lands certified to be found and embraced therein, with the request that the said commissioner shall signify his approval or disapproval of said surveys, and his acceptance of the same or any part thereof at his earliest convenience, and return the same to the Governor of the State, with his action expressed thereon, after said plats and field notes have been retarned from the commissioner of the general land office with the amount of swamp lands accepted, the board of commissioners shall compare the amount of swamp lands so accepted from said actual survey, with the amount found by the field notes and plats of the government survey, and if upon said comparison it shall be ascertained that ten per cent. or more swamp land is found by actual survey than by the field notes and plats of the government survey, the governor thereupon shall give inmediate notice to the commissioner of the general land office that the State will furnish evidence of the lands in this State of the character embraced in the grant

of Congress of March twelfth, one thousand eight hundred and sixty, and if upon said comparison it shall be found that the amount of said lands embraced in said grant as by the actual survey and acceptance of the commissioner of the general land office does not exceed by ten per cent. or more the amount as shown by the field notes and plats of the government survey, then the governor shall immediately notify the commissioner of the general land office that the State will be willing to abide by the field notes of the surveys of the general government, as designating said lands.

Sec. 6. If the governor shall give notice to the commissioner of the general land office pursuant to the provisions of the last preceding section, that the State will

furnish evidence of the lands of the character embraced To make contract in the grant to Minnesota, under the Act of Congress of -procure landt) March twelfth one thousand eight hundred and sixty, be patented the board of commissioners of public lands shall proceed

as soon as practicable to make contract for the survey of all lands of the character embraced in said grant upon the best terms for the State as to price and time and character of payment that can be had or made with any parties, and the governor shall communicate the result of said surveys and the evidence of the amount of all lands in any township of the character embraced in said grant, to the commissioner of the general land office, as fast as said surveys are made, and procure such lands to be patented to the State at as early a day as practicable.

Sec. 7. The Auditor of State shall be register of the Auditor of Stute bureau of public lands and he shall do and perform such to be Register-- duties as are directed by said board and by law, and he compensation

shall receive in full compensation for his services, rendered by virtue of this Act, the sum of one hundred dollars for contingent expenses.

Sec. 8. The Treasurer of State shall be receiver of

the bureau of public lands and it shall be bis duty to Treasurer to be safely keep and pay out according to law all moneys enReceiver-give bond

trusted to his care by virtue of said office, and as directed by said board of commissioners, and inake and execute a bond conditioned for the faithful discharge of the duties of said office to the State of Minnesota, in such sumn and with such number of sureties as said board may require, which said bond shall be approved by and filed with said board of commissioners.

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