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which the same belongs, according to the provisions of the act of congress. The result of all sales made by the parish treasurer shall be forthwith notified by him to the State superintendent. The parish treasurer shall be authorized to receive the whole amount bid for the lands, deducting the eight per cent. interest which the credits would bear.

D. sec. 1316, 2654; Act 1858, p. 185.

SEC. 2961. (Compensation of parish treasurer.) See D. 2660.

D. sec. 1317; Act 1859, p. 27.

Lands leased

cases.

SEC. 2962. Should a majority of the legal votes be against the sale of the lands then it shall be the duty of the district directors, where the same may be situated, to secure them from injury and in certain waste, and prevent illegal possession or aggression of any kind, and, in conjunction with the parish treasurer, to lease the same or any part thereof for a term not exceeding four years, according to the provisions of the second section of the act of congress aforesaid, and to inform the State superintendent thereof. Such lease shall only be made after due notice shall have been given by advertisement, for at least thirty days, at two or more public places in the township, of the time and place when the land will be offered for lease to the highest bidder. In all cases ample security shall be required not only for the punctual payment of the rent, but for the protection of the land from all and every kind of waste and injury.

D. sec. 1318, 2655, 2743, No. 19; Act 1855, p. 422.

SEC. 2963. All moneys that have been or may be hereafter received into the State treasury, and the interest that has or may accrue thereon from the sale of sixteenth sections of school lands or the school land warrants belonging to the various townships in the State, shall be placed to the credit of the township; and should the people of any township desire to receive, for the use of the schools therein, the annual interest payable by the State on funds deposited to their credit, or the annual proceeds of the loans, the parish treasurer shall, on the petition of five legal voters in any such township, order an election to be held in the township as provided for the sale of township lands; and if a majority of any number of votes above seven be in favor of receiving annually the accruing interest, as aforesaid, the same shall be paid to the treasurer of the parish for the use of the township or district; otherwise the interest shall be an accumulating fund to their credit until called for.

D. sec. 1319, 2656, 3814.

SEC. 2961. (Property of public schools exempt from seizure.) See D. 3422.

D. sec. 1320; Act 1855, p. 200.

Interest on cer

tain funds, how disposed of.

lands to be annulled.

Provided.

SEC. 2965. In all cases of the sale of school lands known as sixCertain sales of teenth sections, where the purchase money has not been paid, the purchaser or purchasers shall have the right to annul the sale upon application to the district or parish court of the parish where the land is situated; provided, that the judgment of nullity shall be ob tained at the cost of the applicant, and contradictorily with the district attorney or district attorney pro tempore and the board of school directors of said district; provided, also, that it shall appear upon the trial thereof that the value of said land has not been impaired by any act of the purchaser; and provided further, that nothing in this act shall be construed so as to entitle the purchaser to the repayment of any part of the purchase money paid at that time. (As reënacted by act 1877, p. 8, No. 5.)

Manner of sell

teenth sections.

D. sec. 1322, 2657, 2658; Act 1866, p. 156; Act 1872, p. 23, No. 109; Act 1882, p. 10, No. 14-trespass.

SEC. 2966. When the sixteenth section of any township is divided ing certain six by a parish line the treasurer of the parish in which a greater portion of the section may lie shall proceed to take the sense of the people of the township, and to sell the same as provided by law, as if the whole section lay in the parish; provided, that the sale shall be advertised at the courthouses of both parishes as provided by law. D. sec. 1321; Act 1857, p. 136.

Provided.

Penalty for

trespassing on lands belonging to the State.

TRESPASSES UPON LANDS BELONGING TO THE STATE.

SEC. 2967. If any person or persons shall cut, remove or otherwise dispose of, or be employed in cutting, removing or otherwise dispos ing of any timber or wood of whatever kind, from the lands belonging to this State, or donated to this State by the United States, unless duly authorized so to do by order of a competent officer of the State or the United States, such person or persons so offending and being thereof duly convicted before any court of competent jurisdiction, shall pay a fine not exceeding five hundred dollars and be imprisoned not exceeding one year.

D. sec. 819; Act 1855, p. 207; Act 1882, p. 10, No. 14.

SEC. 2968. It shall be the duty of the register of the State land Duty of regis office to render such information as may tend to convict the aforesaid person or persons.

ter.

D. sec. 819.

SEC. 2969. It shall be the duty of the several district judges of the Duty of judges State, at each regular session of their courts, to charge the grand to charge grand juries specially to inquire into the trespasses upon public lands belonging to this State; provided, that if any person shall cut for his own use he shall not come under this act. D. sec. 819.

juries. Provided.

GRADUATION OF THE PRICE OF PUBLIC LANDS.

tain parishes,

SEC. 2970. All the public lands donated by congress to the State of The price of Louisiana, situated in the parishes of Claiborne, Bienville, Jackson, public lands Union, Winn, Washington, St. Helena and St. Tammany, designated situated in ceras "swamp and overflowed lands," within the intent and meaning of how graduated. the several acts of congress relating thereto, which shall have been surveyed and returned to and approved by the authority of the general government, shall have been in market for five years or upwards, prior to the time of application to enter the same under the provisions of this act, and still remaining unsold, shall be subject to entry and sale at the price of seventy-five cents per acre; and all the lands aforesaid which shall have been in market for ten years or upwards as aforesaid, and still remaining unsold, shall be subject to entry and sale at the price of fifty cents per acre; and all the lands aforesaid which shall have been in market for fifteen years or upwards as aforesaid shall be subject to sale and entry at the price of twentyfive cents per acre; provided, that this section shall not be so con- Provided. strued as to extend to lands reserved for or dedicated to railroad or educational purposes, or to mineral lands.

Act 1857, p. 191.

SEC. 2971. It shall not be lawful for any person or corporation to enter in his, her or its own name, or otherwise for his, her or its own use, more than three hundred and twenty acres of land, under the provisions of the foregoing section.

D. sec. 2975.

Quantity of land that may

be entered.

Lands in cer

SEC. 2972. All lands in the parishes in the United States land districts north of Red river be and the same are hereby included in the tain parishes included, provisions of the preceding sections, except the lands overflowed by the Mississippi, Red and Ouachita rivers.

tion.

SEC. 2973. The public lands donated by congress to the State of Lands subject Louisiana, and which are subject to regular tidal overflow, designated to graduation. as "swamp and overflowed lands," within the intent and meaning of the several acts of congress relating thereto, and which have been Rate of graduaapproved and patented to the State of Louisiana by the general government as "swamp and overflowed lands," shall be subject to entry and sale at twenty-five cents per acre; provided, that satisfactory Provided. proof be shown to the register and treasurer, ex officio receiver of the State land office, that any land sought to be purchased under the provisions of this act is actually subject to regular tidal overflow.

Act 1859, p. 159.

SEC. 2974. All the public lands donated by congress to the State of Louisiana, situated in the parishes of Bossier, DeSoto, Sabine,

Graduating

Claiborne and Natchitoches, designated as "swamp and overflowed scale for swamp lands in certain lands," within the intent and meaning of the several acts of congress parishes offered for sale for cer- relating thereto, which have been surveyed and returned to and apyears, entries proved by the general government, and have been in market for five made according years or upwards, prior to the time of application to enter the same

tain number of

thereof to be

to that scale.

under the provisions of this act, and still remaining unsold, shall be subject to entry and sale at the price of seventy-five cents per acre; and all the lands aforesaid which have been in market for ten years or upwards, as aforesaid, and still remaining unsold, shall be subject to entry and sale at the price of fifty cents per acre; and all the lands aforesaid which have been in market for fifteen years or upwards, as aforesaid, shall be subject to entry and sale at the price of twentyfive cents per acre; provided, this shall not be so construed as to exLand excepted from the effects tend to lands overflowed by the waters of Red or Sabine rivers, or reserved for railroad or educational purposes, or mineral lands.

of this act.

Number of acres allowed to be entered

Act 1859, p. 112.

SEC. 2975. It shall not be lawful for any person or corporation to enter in his, her or its own name, or otherwise for his, her or its own by each individ use, more than three hundred and twenty acres, under the provisions of this act so far as it relates to graduated lands.

ual or corporation.

D. sec. 2971.

Right to appeal

APPEALS FROM THE DECISIONS OF THE REGISTER OF THE

LAND OFFICE.

SEC. 2976. In all conflicting claims of preference of right to any land granted to the State by acts of congress, after they shall have from the decis. been decided by the register, and after he shall have assessed the same ion of the regto the person first locating or settling thereon, the claimant aggrieved Time in which by the decision shall have the right, within six months after the decithe appeal may sion of the register, to appeal from the same to the district court of the parih in which the land is situated.

ister.

be taken.

Duty of regis.

cation for an appeal is made.

D. sec. 53, 1974; Act 1857, p. 192.

SEC. 2977. As soon as an application for an appeal is made to the ter when appli. register it shall be his duty to deliver to the party applying for such appeal a certified transcript or copy of all the proceedings had in his office relative to the conflicting claims, and such party shall forthwith file the same in the office of the clerk of the parish in which the land is situated, and give security for costs as in ordinary cases, and the matter shall be tried by the court de novo.

Duty of the party appeal

ing.

D. sec. 54, 1975.

SEC. 2978. As soon as such transcript is filed, together with an accompanying petition, in which the alleged errors of the register must

of courts.

be set forth, it shall be the duty of the clerk to issue citation to the Duty of clerks other party according to existing laws, and all proceedings had subsequent thereto shall be the same as in ordinary cases.

D. sec. 55, 1976.

SEC. 2979. In all appeals taken before the district court the par- Appeals may be tried by jury. ties shall be entitled to trial by jury as in other cases; and from Appeals to the judgment rendered by said district court they shall have the right to supreme court appeal to the supreme court, upon strict compliance with existing laws on the subject.

D. sec. 56, 1977.

SEC. 2980. As soon as a final judgment shall have been rendered by the district or supreme court upon appeal it shall be the duty of the clerk of said district court to forward a certified copy of said judgment to the register, and the same shall be filed in the office of such register, and when so returned and filed it shall be final and conclusive between the parties.

D. sec. 57, 1978.

SEC. 2981. An act of congress of the United States, approved July second, eighteen hundred and sixty-two, entitled "an act donating public lands to the several States and territories which may provide colleges for the benefit of agriculture and mechanic arts," and the grant of land and land scrip thereby made, be and the same is hereby accepted on the part of the State of Louisiana.

Act 1869, p. 62.

SEC. 2982. The said grant of land and land scrip is hereby accepted for the purpose and upon the conditions in said act of congress specified, and the assent of the State of Louisiana to the several conditions and provisions in said act contained is hereby signified and expressed.

granted, etc.

Duty of the

clerk after final judgment has been rendered.

Accepting grant of land by United States for benefit of colleges.

to receive land

SEC. 2983. The governor of the State, together with the chief-justice of the supreme court, and a commissioner to be duly appointed Commissioners by them, are hereby appointed commissioners to receive from the scrip, etc. secretary of the interior, or other officer of the United States, the land scrip to which the State of Louisiana is or may be entitled under the act of congress aforesaid, and to sell and dispose of the same; and upon said sale being made by said commissioners they are authorized to appoint one person to assign said land scrip in accordance with the rules of the department of the interior.

SEC. 2984. The officers of the State land office are directed to suspend the sale of such public lands as have already been entered by any Sale of public lands suspendparties since the outbreak of the late civil war; and in all cases where ed. a second entry has been made before the promulgation of this act, to

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