ing to the respective funds or State institutions to which said lands belong and shall be marked accordingly, and the board shall furnish books for each fund, in which all the land belonging to said fund shall be registered.

of lands.

Sec. 15. When the abstracts provided for in this Appraisement act are made, the board may cause the lands therein described to be appraised. The appraisement may be made at the time of the selection and location, or after, at the option of the board. The persons making such appraisement shall view each parcel or lot of land and make return under oath to the State board, giving in detail a correct and true value of each parcel or lot of land, and separately, of the timber thereon, if any; stating the character of the land in whole or in part, whether timbered or not, mineral or non-mineral, saline, coal or stone, agricultural or grazing, reservoir, arid or not, improved or unimproved, occupied or unoccupied, and the value of the improvement thereon, if any, and the name of the owner of the improvements.

and correcting

Sec. 16. The State board shall have general supervising supervisory power over all matters of appraisement appraisement. under this act, and may set aside or correct any appraisement which said board is convinced is unreasonable.

Sec. 17. All necessary expenses attending the Expenses. examination, survey, location, selection and sale of State lands, blanks, books and stationery, compensation of officers, and all expenses necessarily incurred in carrying out the provisions of this act, shall be paid by the State Treasurer from the special fund appropriated for that purpose, on the warrants of the Auditor issued on vouchers certified to by the State board.

Sec. 18. In all counties where the public lands or sale of lands. any portion thereof, have been appraised, the State board shall, when deemed conducive to the best interest of the State, attend in person or by agent, at such time as the said board shall direct, and offer at public auction at the court house of the county, and sell, all or any of the appraised and unsold and unleased agricultural, saline and arid lands situated in the county where such public auction is held, to the highest bidder. Provided, That no land shall be sold for less than Minimum price the appraised value thereof. Provided, also, That not

minimum

Maximum and more than one hundred and sixty acres nor less than quantity. a legal subdivision (except as hereinafter provided) be sold to any one individual, company or corporation. to purchasers. Provided, also, Sales of such lands shall be made only to citizens of the United States, or those who have declared their intention to become such.

Limitation as

Preference right of settlers.

Who are not

School lands.

Sec. 19. Actual and bona fide settlers or occupants who have improved State lands, and were, on January 1st, 1894, actual settlers or occupants thereon, shall have the preference right to purchase the land whereon such settlement has been made, or of which such occupancy was had, not exceeding one hundred and sixty acres, for a sum not less than the appraised valuation thereof; Provided, That the preference right shall not ference rights. be granted to any person who is, or on January 1st, 1894, was the owner of more than one hundred and sixty acres of land in this State; and Provided further, That where settlers have resided upon, occupied or cultivated any lands granted to the State for school purposes prior to the extension of the surveys of the United States over said lands, or who hold the same or the possession thereof by purchase from the original settlers, or their assigns, said original settlers having resided upon, occupied or cultivated such lands prior to the extension of the surveys of the United States over said lands, they may be permitted to purchase such lands at a price not less than twenty-five per cent. of its appraised value, Provided, further, that the purchase price of such lands shall not be less than $1.25 per acre. In making such appraisement, not considered. the valuation of improvements thereon shall not be

Value of improvements

Six months' limit.

Reservoir sites.

taken into consideration. Improvements, within the meaning of this section, shall be held to mean anything permanent in character, the result of labor upon or in connection with the land, which has enhanced the value of the same beyond what said land would be worth had it been permitted to remain in its original state. Application to make such purchase by said preferred claimant must be made within six months from the filing of the plats in the county treasurer's office. Such lands as are suitable for reservoir sites may be reserved from sale or lease either as agricultural, grazing or timber lands. They shall be disposed of by the board in such manner and at such price, not less than the appraised valuation, as in the judgment of the board will benefit the settlers on lands on lower

levels, preference being given to such corporations or associations formed by actual settlers for irrigation purposes, as will enable the said reservoir sites to be utilized by the greatest number of actual settlers.

Sec. 20. The board may sell the timber on the sale of timber. unsold and unleased lands of the State, except as provided in section 42 of this act, in the same way as it may sell State lands, but payment for such timber must be made as provided in section 23 of this act. A failure to make such payment shall work a forfeiture of the contract of such sale; Provided, That all right of Cessation of ownership in any timber on lands of the State by right ownership. or virtue of purchase from the State shall cease ten years from and after such purchase; Provided, also, Sale of timber That all sales of timber shall include a lease of the includes lease. land upon which such timber is at the time of sale, for the term of ten years.

timber

growing timber.

Sec. 21. No contract, by the board, for the sale of timber on any lands of the State, shall permit or en- Protection of title the purchaser to cut, use, injure or destroy any growing timber, or trees, less than eight inches in diameter at the butt. The board shall make such rules Tops and limbs. and regulations for the disposal of the tops and limbs of trees cut for logging and other purposes, as shall secure the young growing timber on the State lands from injury and destruction by fire. Nothing in this act shall be construed to prevent settlers from remov- Timber for ing cedar, quaking asp, maple, oak, mahogany and pinion pine from any unsold and unleased lands of the State for their own domestic use.

domestic use.

Sec. 22. Notice of all sales of land or timber, or Notice of sale. both, shall be given by publication in some newspaper published and of general circulation in the county wherein the sale shall be held and when deemed necessary by the board in such other newspaper as the board may designate. Where there is no newspaper published in such county, then in some newspaper published in the State having general circulation in such county, to be designated by the board, for at least once a week for four weeks next preceding such sale. Such notice shall specify the time when and the place where the sale will be held.

Sec. 23. Payments for lands and timber sold un- Payments. der the provisions of this act shall be as follows: Not less than one-tenth of the purchase price cash in hand, and the balance is not to exceed ten equal yearly pay

Notes by purchaser.

Rate of interest.

ments. On all lands on which there is timber appraised at not exceeding two and one-half dollars per acre, the board may, in its discretion, add to and consider as a part of the value of the land the value of such timber, and such land shall be sold or leased as agricultural or grazing land and paid for as if no timber were growing thereon.

Notes shall be given by the purchaser for the unpaid portion of the purchase price of all lands and timber sold to him, and shall be due in ten equal yearly payments from the date of sale, unless the same shall fall due, at the option of the State, because of the failure of the purchaser to perform the covenants of the contract expressed in said note or notes. The rate of interest on all such notes shall be five per centum per annum, and shall be due and payable as follows: On the day of sale the interest on the unpaid portion of such purchase price shall be computed and paid up to the first day of January next ensuing, and thereafter the interest and one-tenth of the principal shall become due and payable annually, in advance, on the first day of January of each year. All notes required to be given by the provisions of this section shall be executed at the same time that the first payment of purchase money is made, and shall be in the form prescribed by Purchase price the State board. That no timber or lands on which the of timber to be timber forms an appreciable part of the value of said lands shall be sold, except for cash, unless the purchaser shall secure to the State the payment of the full purchase price, by giving, at the time of purchase and execution of notes for purchase a good and sufficient bond running to the State for double the value of the timber on said lands; said bond to be in such form as the board may direct and subject to their approval. Full payment. Any purchaser may make full payment for land purchased at any time; and after the payment of the amount required to be paid at the time of sale a purchaser may pay any part of the amount due, and such payment shall be endorsed on the note given for the unpaid portion of the purchase price of the land on account of which such partial payment has been made. Sec. 24. All payments of principal or interest Payment to be provided for in the last preceding section shall be made made to county to the county treasurer of the county in which the land purchased is situated, and all notes required to be executed shall be delivered to him by the purchaser or

secured.

treasurer.

purchasers at the time of making the first payment of principal, at the time of sale.

abstract to

treasurer.

Sec. 25. When the public lands, or any portion Duplicate thereof, in any county have been appraised as herein- county before provided, it shall be the duty of the State board to cause duplicates of the abstracts provided for in section 13, to be prepared and sent forthwith to the county treasurer of such county, and the county treasurer shall preserve the same as a record of his office. In such record said treasurer shall keep an account of all sales of land and timber and of all leases made in his county. Whenever, after the transmission of such duplicate abstracts to the county treasurer, other lands are appraised in that county, a copy of the appraisement in full shall be forwarded to such treasurer by the State board, and shall be entered by said treasurer in said duplicate abstract. County treas

treasurer to

urers of the several counties in which lands or timber have been sold, or lands leased, shall use due diligence to collect all moneys due the State for lands and timber sold, both principal and interest, and for lands leased. Whenever payments of principal or interest County for lands sold, or for rental for lands leased or to be receipt. leased, are made, the county treasurer shall deliver a receipt therefor to the person making the same, a duplicate of which such treasurer shall file with the county clerk, to be by him transmitted to the State board after he shall have countersigned the same. Duplicate receipts, when received by the State board and entered in the records of the board, shall be deposited with the State Auditor; and no duplicate receipt, Duplicate whether for principal, interest or rental, shall be held countersigned. valid, unless countersigned by said county clerk, who shall keep a record of all receipts so countersigned.

receipts

improvements

treasurer.

Sec. 26. Any person purchasing land upon which Payment for improvements have been made by any other person, through county. and appraised as provided in section 15 of this act, shall pay to the county treasurer, in addition to the amount of principal and interest required by law to be paid at the time of sale, the full appraised value of such improvements. The amounts thus paid for improvements shall be paid by the county treasurer to the owners of such improvements, unless such owners shall elect, within ninety days after such sale, to remove the improvements and remove the same (for