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How organized.

Classification.

Fiscal year.

Recognition

as a state institution.

No district

fair to be held

at the same

time of the

state fair.

Secretary to report to Governor.

of such formation to the Governor, the Governor shall appoi eight resident citizens of such districts as members of a distr board of agriculture for said district, whose term of office sh be four years, except as hereinafter provided.

398. SEC. 5. Within ten days after their appointment, t persons so appointed shall meet at a place within the distri and organize by the election of one of their number as Pre dent of the board and association, who shall hold said office President one year and until his successor is elected; they sha also elect a Secretary and Treasurer.

399. SEC. 6. At the same meeting the members of t board shall, by lot or otherwise, classify themselves into fou classes of two members each. The terms of office of the fir class shall expire at the end of the first fiscal year; of the secon class, of the second fiscal year; of the third class, of the thir fiscal year; and of the fourth class, at the end of the full ter of four years. The fiscal year shall be from December first t December first. 400. SEC. 7. Each association so formed and organize is hereby declared and shall be recognized a state institution and the board so appointed and qualified shall have the exclusiv control and management of such institution for and in th name of the state, and shall have the possession and care of al the property of the association, and shall fix the terms of offic and the bonds of the Secretary and Treasurer, and determin their salaries and duties. They shall have power to make al necessary by-laws, rules and regulations for the government o the association and the management of its prudential and financial affairs. They shall provide for an annual fair o exhibition by the association of all the industries and industria products in the district, at such time and place as they may deem advisable; provided, that no district fair shall be held in any of the districts at the same time of the state fair; and. provided further, that the state shall in no event be liable for any premium offered, or award, or for any debt contracted by any district board of agriculture or agricultural association.

401. SEC. 8. When any district board of agriculture shall have been classified and organized as herein provided, the Secretary of the board shall report such classification and organization to the State Board of Agriculture; he shall also report the same to the Governor, and shall report any vacancy that may occur in the board to the Governor, who shall fill the same by appointment for the unexpired term.

An Act to further prescribe rules and regulations for the execution of the trusts arising under the Act of Congress, approved May twenty-third, eighteen hundred and forty-four, entitled "An Act for the relief of citizens of towns upon lands of the United States under certain circumstances."

Approved March 13, 1867, 122.

tify claimants

402. SECTION 1. Upon receipt by the Clerk of the district Clerk to nocourt of the papers provided to be filed with him in the cases of contest. mentioned in section five of the Act entitled "An Act for the relief of citizens of towns upon lands of the United States, under certain circumstances," approved May twenty-third, eighteen hundred and forty-four, also an Act approved January thirtyfirst, eighteen hundred and sixty-six, it shall be the duty of such Clerk to give to each claimant, his agent, or attorney, a written notice that the claim of such claimant is contested, which notice shall specify the particular lot, block, or parcel so contested, and the name of the adverse claimant and the amount of fees to be paid by the person to whom such notice is addressed, under the provisions of this Act.

403. SEc. 2. Before such contested case shall be placed Court tax. upon the register of actions of the district court, as provided in section six of the Act mentioned in section one of this Act, a court tax of five dollars shall be paid said Clerk, the same to be paid pro rata by such adverse claimant. Each party to whom such notice shall be given shall pay said Clerk one dollar

therefor.

404. SEC. 3. At any time within twenty days after recep-Complaint. tion of said notice, either party may substitute a complaint, and file the same in said district court, stating the facts relied upon to entitle the party to a deed; and said deed shall be executed, duly acknowledged, and delivered to the successful party by the District Judge.

be taken after

405. SEC. 4. No appeal shall be taken to the supreme Appeal not to court from the judgment of the district court after the expira- thirty days. tion of thirty days from the time of notice of such judgment to the unsuccessful claimant.

transmitted

406. SEC. 5. In all cases of appeal under this Act, the Papers to be original papers filed in the district court, together with the on appeal. evidence to be taken by the Judge or referee and his judgment therein, duly certified under the seal of said court, shall be transmitted to the supreme court, and shall constitute the record in said supreme court. All of said papers shall be returned with the remittitur from the supreme court.

efectual.

407. SEC. 6. To render an appeal effectual in any case what to under this Act, a written notice of such appeal shall be served render appeal upon the adverse party, his attorney or agent, and a written undertaking shall be filed by the appellant, with two sureties, within five days after judgment in the court below. Said under

Referees.

Proviso.

Proceedings

where no

is raken.

taking shall specify that the appellant will pay all costs which may be awarded against him on the appeal, in a sum not exceeding two hundred dollars.

408. SEC. 7. By consent of the parties to such contested case, the court may appoint one or more referees, as the parties may agree, to take the testimony in said case, and report a judgment thereon; provided, that no fees shall be allowed to such referee that will exceed in the aggregate the sum of fifteen dollars for each case.

409. SEC. 8. If no further action shall be taken in the further action district court by the claimants in any case mentioned in section one of this Act, within twenty days after service of the notice therein mentioned, the lot, block, or parcel in dispute shall be disposed of by the District Judge, as if no claim of title hereto had been filed with him.

We deem it advisable to insert the whole of the above Act, notwithstanding portions of it are superseded by other Acts herein inserted. The Act of 1857, 176, is superseded, except the following independent section, which is still in force:

410. SEC. 6. The provisions of this Act, and the Act of which it is amendatory and supplementary, shall be deemed to apply to all corporations, associations, city, town, or state authorities, with like effect to claim, hold, and acquire the title to property possessed for corporate or public purposes, for such corporate or public uses, to the same extent and benefit, as a person or persons, as provided in the aforesaid Acts.

Corporate

etc., after

occupied as a townsite, required to convey title.

An Act prescribing rules and regulations for the execution of the trust arising under the Act of Congress entitled "An Act for the relief of the inhabitants of cities and towns upon the public lands," approved March second, eighteen hundred and sixty

seven.

Approved February 20, 1869, 68.

411. SECTION 1. When the corporate authorities of any authorities, city or town, or the Judge of the district court for any county entry of land or district in this state, in which any unincorporated town may be situate, shall have entered at the proper land office the land, or any part of the land, settled and occupied as the site of such city or town, pursuant to and by virtue of the Act of the Congress of the United States entitled "An Act for the relief of the inhabitants of cities and towns upon the public lands," approved March second, eighteen hundred and sixty-seven, it shall be the duty of such corporate authorities or Judge to dispose of and convey the title to such lands, or to the several blocks, lots, parcels, or shares thereof, to the persons hereinafter specified.

Title to be conveyed to whoin.

412. SEC. 2. Any such corporate authorities or Judge holding the title to any such land in trust, as declared in said

Rights of

impaired.

Act of Congress, shall, by a good and sufficient deed of convey-
ance, grant and convey the title to each and every block, lot,
share, or parcel of the same, to the person or persons who shall
have, possess, or be entitled to the right of possession or occu-
pancy thereof, according to his, her or their several and
respective right or interest in the same, as they existed in law
or equity at the time of the entry of such lands, or to his, her, person not
or their heirs or assigns; and when any parcel or share of such
lands shall be occupied or possessed by one or more persons
claiming the same by grant, lease, or sale, from one or more
other persons, the respective right and interest of such persons,
in relation to each other, in the same, shall not be changed or
impaired by any such conveyance. Every deed of conveyance Deed to be
made by such corporate authorities or Judge, pursuant to the executed so
provisions of this Act, shall be so executed and acknowledged of record.
as to admit the same to be recorded.

as to admit

given within

receipt of

413. SEC. 3. Within ninety days after the receipt by them Notice to be or him of a patent for such lands, the corporate authorities or ninety days Judge entering the same shall give public notice thereof by after the publishing such notice in a newspaper printed and published in patent. the county in which such city or town shall be situated, or in case there shall not be any newspaper published in said county, then in some newspaper printed and published at the seat of government of this state. Such notice shall be so published How given. once in each week for at least six successive weeks, or thirty days daily; and said notice shall also be posted in six of the most public places in said city or town for thirty days, and shall . contain a correct description of the lands so entered, as the same is stated in the patent.-As amended, Stats. 1871, 163.

to sign

414. SEC. 4. Each and every person, company of persons, Claimant associations, or corporations, claiming to be an occupant or statement occupants, or to have, possess, or be entitled to the right of in writing. occupancy or possession of such lands, or any block, lot, share, or parcel thereof, shall, within six months after the first publication of such notice, in person, or by his, her, their, or its duly authorized agent or attorney, sign a statement in writing, containing a correct description of the particular parcel or parts in which he, she, they, or it claim to be entitled to receive, and deliver the same to or into the office of such corporate authorities or Judge; and all persons failing to sign and deliver such statement within the time specified in this section, shall be forever debarred the right of claiming or recovering such lands, whered. or any interest or entail therein, or in any part, parcel, or share thereof, in any court of law or equity; provided, that the bar to the right of claiming or recovering such lands, or any interest or entail therein, as in this section provided, shall not apply to minors or insane persons; and, provided further, that all applications for conveyances under this Act for the benefit of minors and insane persons shall be made by the guardian or trustee of certain cases. such minor or insane person, and all applications for such conveyances for the benefit of married women may be made by their husbands, if in this state; but in case of the absence of the

When

How rade in

When proceedings to

be certified to

husband from this state, or his refusal to make such application, then such married woman may apply in her own name.-As amended, Stats. 1871, 163.

415. SEC. 5. Should two or more persons claim adversely the title to any lot or lots, or parcels of land within the district court. boundaries of such city or town, the corporate authorities or Judge having entered the same, shall immediately after the time for filing claims has expired, certify and transmit all proceedings and papers had or being before them or him in the premises, to the district court of the county in which said lot or lots, or parcels of land are situated. Upon the receipt of the papers, properly certified, and upon payment of court fee and costs, the Clerk of such district court shall enter the case upon the register of actions, the name of the claimant whose claim was first filed with and by such corporate authorities or Judge being entered upon such register as plaintiff, and the other claimant or claimants as defendant, and thereafter the cause shall proceed in all respects as in cases originally brought Clerk to serve in said court. The Clerk shall, upon the receipt by him of such papers and proceedings, serve upon each claimant, his agent, or attorney, a written notice that the claim of such claimant is contested, which notice shall specify the particular lot, block, or parcel so contested, and the name of the adverse Conveyance claimant. Upon the final determination of such contest, the to be made Clerk of the district court, or supreme court, as the case may termination be, shall forthwith certify the decision to the corporate author

notice.

upon final de

of contest.

Appeal.

Deed to be

made out on payment of purchase money and expenses.

ities or Judge; and upon the receipt of such decision, duly certified, the corporate authorities or Judge shall, as in other cases, make out, execute, and deliver to the party or parties in whose favor the decision is made, a conveyance in fee simple for the lot or lots, or parcels of land awarded in such decision. 416. SEC. 6. Any party in such action deeming himself or herself aggrieved by the determination or judgment of the district court, in such cases, may appeal therefrom to the supreme court, as in other cases.

417. SEC. 7. After the issuance of the patent for such lands, it shall be the duty of the corporate authorities or Judge to whom such patent shall issue, to make out, execute, and deliver to each person, company, association, or corporation, who may be legally entitled to the same, a deed in fee simple for such part or parts, lot or lots, of land on payment of his, her, their, or its proper and due proportion of the purchase money for such land, together with his, her, their, or its proportion of such sums as may be necessary to pay for streets, alleys, squares, and public grounds, not to exceed fifty cents for each lot, and also such further sums as shall be a reasonable compenLimitation of sation for executing and acknowledging such deed, not exceeding the sum of three dollars for the first, and one dollar for each additional lot claimed by the same owner, for counsel fee, and for moneys expended in the acquisition of the title and the administration of the trust, including reasonable charges for time and services while employed in such trust, not exceed

fees and costs.

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