SECTION. 1-5. 6. CHAPTER XXXVIIL SCHOOL LANDS. PUBLIC LANDS.* SECTION. AGRICULTURAL-COLLEGE LANDS. State auditor to be land-commissioner- 55-58. Appraisement-sale-investment and use of general duties. Minimum price of school lands-pine lands. 7-10. Sale of state lands-terms of payment-certificate of purchase-resale-failure to pay interest-surrender and division of certifi proceeds guaranty against loss of investments. UNIVERSITY LANDS. 59-60. Appraisement-sale-investment and disposal of proceeds. MINING ON THE PUBLIC LANDS. 61-67. Mineral districts-claims, how made and 68. 69. 70-73. Fees of register-record of description of claim-claims in unorganized countiesregisters to make report. SWAMP-LAND GRANT TO STATE INSTITUTIONS. 74-77. Lands to be selected-auditor to keep record-provision for deficiency-irrevocable dedication- appraisement and sale-disposal of proceeds-state to control and dispose of lands. 43-46. Disposition of moneys received from land- 98. sales-investments-appropriation. Governor to act, when-appraisement-no- Cession of jurisdiction. PURCHASE OF LAND BY UNITED STATES. 47-52. Sale of pine timber-appraisement-per- 99-100. Consent given to purchase of land for pubmits-recording-duties of surveyors-re lic purposes-exemption from taxation. ports-collection of stumpage-fraudulent 101-103. Cession of jurisdiction over site for St. log-marks. 53-54. Seizure of logs, etc., of trespassers-defence 101 of actions for seizure. Paul custom-house-conditions. Reconveyance of land erroneously certified to state. TITLE 1 SCHOOL LANDS. § 1. State land-office established. A state land-office is hereby established, which shall be and remain at the seat of government of the state as fixed by law. § 2. State auditor to be land-commissioner. The state auditor shall be, ex officio, commissioner of the land-office. He shall have the general charge and supervision of all lands belonging to the state, of all lands in which the state has an interest, or which are held in trust by the state, and may superintend, lease, sell and dispose of the same in such manner as shall be directed by law. § 3. Commissioner to keep record. The commissioner shall keep a record of the sales of lands, and of the money received on account either of principal or interest, *By Laws 1867, c. 77, the title of this chapter is changed to "An act for the protection and management of the public lands of the state of Minnesota, and to provide for the punishment of trespassers thereon." the date of such sale or payment, the description of the lands sold, with the number of acres thereof, and the name of each purchaser or person paying such moneys, and shall credit the proper fund therewith. $4. To make annual report. He shall annually make a report to the legislature of his official proceedings, showing the quantity of land sold or leased, and the amount received therefor, the amount of interest moneys received to the credit of the several funds, and all such other matters relating to his office as he may think proper to communicate. § 5. To have custody of maps, etc-to keep books and records-seal-certificates as evidence clerk. The commissioner of the land-office shall have the custody of all maps, books and papers relating to any of the public lands mentioned in this title. He shall cause books to be opened, and records kept of all lands owned or held in trust by the state for schools, public buildings, internal improvements, and for all other purposes, and shall keep a true record of all patents, deeds and conveyances of such lands made by the state; which record, or a transcript therefrom, properly authenticated, shall be received as legal evidence in all courts and places within the state. He shall also certify, upon each instrument recorded by him, the book and page where the same is recorded. He shall have an official seal, with a proper device thereon; and the seal of the land-office affixed to any certificate of purchase, receipt, or other instrument issued by the commissioner of the land-office, according to the provisions of this title, is prima facie evidence of the due execution of such certificate or other paper; and he shall have authority to appoint a clerk, whose salary shall be fixed by law. (As amended 1877, c. 56, §.1) § 6. School lands-minimum price-sales-pine lands. The minimum price of the school lands shall be five dollars per acre, and all sales of such lands shall be within the county in which said lands are situated; provided, that pine lands shall not be sold until the timber thereon has been estimated, appraised and sold according to the provisions of this act. (As amended 1877, c. 56, § 2.) $7. Terms of payment for state lands sold. The terms of payment of all state lands shall be: for lands, other than pine lands, which are chiefly valuable for the timber thereon, the value of such timber, to be paid at the time of sale; and for all other lands fifteen per cent. of the purchase price thereof to be paid at the time of sale; and the balance of the purchase-money of all lands at any time thereafter from time to time, within thirty years, at the option of the purchaser, with interest annually, in advance, at the rate of seven per cent. per annum, on the unpaid balance, payable on the first day of June, or within six days thereafter, in each and every year. (As amended 1877, c. 56, § 3.) § 8. Certificate to be given purchaser-failure to make cash payment-resale. At the time of the sale of any such lands, the commissioner shall make out and deliver to the purchaser thereof a certificate, in which the said commissioner shall certify the description of the lands sold, the quality thereof, and the price per acre, the consideration paid and to be paid therefor, and the time and terms of payment. Such certificate shall be numbered and made assignable; but no certificate shall be delivered to the purchaser by the commissioner until the sum of money required by this title to be paid at the time of the sale, is paid to the treasurer of the county where said sale takes place; and in case the purchaser fails to pay the amount so required to be paid at the time of said sale, said commissioner may again immediately offer said land for sale; but no bid shall be received from the person so failing to pay as aforesaid. § 9. Certificate to be void on failure to pay interest. The said certificate shall further set forth, that in case of the non-payment of the annual interest due by the first day of June, or within six days thereafter, in each and every year, by the purchaser, or by any person claiming under him, then the said certificate shall, from the time of such failure, be utterly void, and the said commissioner may take possession thereof, and resell the same as hereinafter provided. *§ 10. Surrender and division of certificates. That whenever the holder of any certificat of purchase of any state or school lands shall surrender the same to the come missioner of the state land-office, with a request to have the same divided into two or more certificates, it shall be lawful for said commissioner to issue the same provided, that if the applicant shall desire new certificates, dividing said land by boundaries other than regular government or state subdivisions, the applicant shall file with his application a plat and survey, showing the lines of the division desired, and the quantity of land in each subdivision provided, that no new certificate shall issue while there is due and unpaid any interest, nor in any case where said commissioner shall be of opinion that the security of the state would be impaired and endangered. (1875, c. 106, §1.) $ 11. (SEC. 10.) Further security may be required of purchaser. The said commissioner shall, whenever in his opinion the interests of the state will not be secured by the terms of payment in this title required to be made at the time of the purchase, require of the purchaser such further security for the payment of the 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. § 12. (SEC. 11.) Governor to issue certificates of payment, and patents. The governor shall sign, and cause to be issued under the seal of the state land-office of this state, and attested by the commissioner, patents for the lands described in the certificate of sale, whenever the same are presented to him, with the further certificate of the commissioner indorsed thereon, that the whole amount of principal and interest specified therein, and all rents and taxes due on said lands, have been paid, and that the holder of the certificate 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 land, to any purchaser of the right, title and interest of the original purchaser, his heirs or assigns, at an execution or mortgage sale, upon presentment to him of the certificate of the commissioner, that the whole amount of principal, interest, rents and taxes due thereon has been paid according to law, and that said purchaser at execution or mortgage sale is entitled to a patent for the land described in such certificate. (As amended 1877, c. 56, § 4.) § 13. (SEC. 12.) Fee to remain in state until full payment. The fee of each parcel of said land shall be and remain in the state until patents are issued for the same respectively, upon full payment as aforesaid; and in case of 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 state landoffice, shall be deemed and held to detain such land forcibly and without right, and to be trespassers thereon. 21 M. 101, 107. NOTE-By Laws 1867, c. 29, the widow of the holder of a school land certificate is given the same right of dower in such school land as in land of which he held the legal title. §14. (SEC. 13.) Action may be brought on security for purchase-money. In all cases where security is taken for the purchase-moneys, pursuant to the provisions of the tenth section of this title, the commissioner may sue for and recover all such sums as have become due and payable for which such security was given. § 15. (SEC. 14.) Land may be laid out in lots, when. Whenever the interest of the state will be promoted, in the opinion of the commissioner, by laying off any portion of the land under his control into small parcels or village lots, the said commissioner may cause the same to be done, and shall cause the same to be appraised as provided in the next section. § 16. (SEC. 15.) Appraisement of land laid out in lots. The appraisers provided for is this title shall be appointed as follows, viz: one by the commissioner of the state land-office, and the other two by the county commissioners of each county in which lands are to be appraised or sold. Such appraisers shall, before entering upon their duties of office, take and subscribe an oath or affirmation, before some person qualified to administer oaths, that they will faithfully and impartially discharge their duties as appraisers, according to the best of their ability,and that they are not interested, directly or indirectly, in any of the school lands or the improvements thereon, and have entered into no combination to purchase the same or any part thereof, which said oath or affirmation shall be attached to the report made of such appraisal as hereinafter provided. Said appraisers shall be allowed, as compensation for their services and expenses, three dollars per day, to be paid out of the state treasury. § 17. (SEC. 16.) Sale of lots-reappraisement. All parcels or lots so appraised shall be subject to sale in the same manner, and upon the same terms and conditions, and the certificate of purchase shall have the same effect, as in the case of other lands for which provision is made in this title, at the prices at which the same were severally appraised, until a new appraisal is made, which the commissioner may in his discretion cause to be had, in the manner aforesaid, and with the like effect; but no lots or parcels so appraised shall be sold for less than the minimum price of said lands, established in this title. § 18. (SEC. 17.) Effect of certificate of purchase. Certificates of purchase, issued pursuant to the provisions of law, entitle the purchaser to the possession of the lands therein described, and are sufficient evidence of title to enable the purchaser, his heirs or assigns, to maintain action for injuries done to the same, or any action or proceeding to recover possession thereof, unless such certificate has become void by forfeiture; and all certificates of purchase in force may be recorded in the same manner that deeds of conveyance are authorized to be recorded. 21 M. 101, 107. § 19. Purchaser in default, may make payment before resale-rate of interest. In all cases where the rights of a purchaser have become forfeited under the provisions of this title, by failing to pay the amount due upon his certificate of purchase, if such purchaser, his heirs or assigns, shall, before the time appointed for the sale of the lands described in such certificate at public auction, pay to the state treasurer double the amount of interest then due and payable on such certificate, and all costs which have been incurred, in addition thereto, such payment shall operate as a redemption of the rights of such purchaser, his heirs or assigns; and said certificate, from the time of such payment, shall be in full force and effect as if no such forfeiture had occurred: provided, that if any purchaser has been unable to pay such interest at the proper time, because of destitution, or by reason of accident or misfortune, then, upon the representation of such facts by the county auditor and treasurer of the county in which the interest is due, to the land-commissioner, he may authorize the county treasurer to receive such interest, with seven per cent. interest thereon from the time it became due, in lieu of double interest. (As amended 1877, c. 56, § 5.) § 20. (SEC. 22.) Commissioner may have surveys made. Whenever it appears to the commissioner necessary, in order to ascertain the true boundaries of any tract or portion of lands mentioned in this title, or to enable him to describe or dispose of the same in suitable and convenient lots, he may cause all such necessary surveys to be made; and the expenses thereof shall be paid out of the state treasury, as other incidental expenses of the land-office are paid. § 21. (SEC. 23.) Proceedings to subject lands to taxation when sold-sales for taxes—redemption. The commissioner shall immediately transmit to the auditor of each county in which any lands mentioned in this title have been sold during the year, a detailed description of each parcel of the land so sold, the names of the pur chasers; and the auditor shall extend the same upon his tax duplicate for the purpose of taxation, and the same shall thereupon become subject to taxation the same as other lands, and the taxes assessed thereon, collected and enforced in like manner as against other lands: provided, however, that the purchaser of any such lands sold for delinquent taxes, or as forfeited to the state, shall acquire, and shall only acquire, by virtue of such purchase, such rights and interests as belong to the holder and owner of the certificate of sale heretofore issued by said commissioner under the provisions of this title, and the right to be substituted in the place of such holder and owner of such certificate of sale, as the assignee thereof; and upon the production to the proper officer of the tax certificate given upon said tax sale, in case said lands have not been redeemed, such tax purchaser shall have the right to make any payment of principal or interest then in default upon such school-land certificate of sale, as the assignee thereof, prior to the redemption of said lands; and in case such holder and owner of such school-land certificate shall fail to redeem said lands within the time allowed by law, and also to pay to said proper officer, for the use of the holder of such tax certificate, all payment of principal and interest, if any, by him made upon such school-land certificate, with interest from the time they were so made, at twelve per cent. per annum, then the holder and owner of such tax certificate, upon the receipt of his tax deed thereon duly given, and the filing of the same with the said commissioner, a special certificate of purchase of said land, embodying the same terms and conditions, and with the like force and effect, as the said original certificate of purchase, and in lieu thereof. (As amended 1870, c. 50, § 1.) § 22. (SEC. 24.) Map of lots to be recorded. Whenever the commissioner shall lay off any tract of land into small parcels or village lots, as provided in this title, he shall cause a correct map of the same to be entered of record in the county where said lands are situated. § 23. (SEC. 25.) Record of patents. The registers of deeds of the several counties of this state are authorized to record all patents issued by the governor pursuant to the provisions of this title; and the record thereof shall have the same effect as the record of other conveyances executed according to the laws of the state. § 24. (SEC. 26.) Expenses of land-office, how paid. The necessary incidental expenses of the land-office shall be paid out of the state treasury, and, upon satisfactory vouchers therefor, the state auditor shall issue his warrant for the same. § 25. (SEC. 27.) Illegal sale to be void-refunding of purchase-money. In case of any sale made by mistake, or not in accordance with law, or obtained by fraud, the same shall be void, and the certificate of purchase issued thereon shall be of no effect; but the holder of such certificate shall be required to surrender the same to the commissioner, who shall, except in cases of fraud on the part of the purchaser, cause the money to be refunded to the holder thereof. $26. (SEC. 29.) Rights of assignees of purchasers. The legal assignees of all bona fide purchasers of any of the lands mentioned in this title, are subject to, and governed by, the provisions of law applicable to the respective purchasers of whom they are the assignees; and they shall have the same rights, in all respects, as original purchasers of the same class of lands. § 27. (SEC. 30.) Sales to be made by legal subdivisions. All sales of land by the com missioner shall be made according to the subdivisions thereof by the United States surveys, unless the same are laid off into smaller lots as provided in this title: provided, that no lands shall be sold in larger quantities than onequarter section. § 28. (SEC. 31.) Damages to be paid into state treasury. All damages recovered for any trespass or other injury upon or to any of the lands mentioned in this title, shall be paid over to the state treasurer, for the benefit of the fund to which the same properly belongs. |