second section of this act, cause to be made accurate copies of such portions thereof as he may deem necessary for the purpose of preserving a sufficient check upon the acts of said commissioner in relation to the lands therein mentioned, and such copies shall become a part of the records of his office.

State geologist SEC. 8. The State geologist shall, as soon as may be after the to provide maps for aud. passage of this act, provide for the offices of the auditor general and general and commissioner. commissioner of the land office, maps of the lands named and refer

University and school lands

red to in the second section of this act, and the said maps shall be deemed a part of the records of each office.

SEC. 9. All the lands set apart for the use of the university, and all to be disposed primary school lands, shall be disposed of by the said commissioner of by com'r.

All lands be

on the same terms and conditions they can now be disposed of by the superintendent of public instruction, under the restrictions prescribed by this act, or which may hereafter be prescribed by law.

SEC. 10. All other lands belonging to the State, or which may longing to the hereafter become the property of the State, by gift, grant, purchase

state to be first exposed to auction.

Commissioner

or otherwise, before they can be entered or sold at private sale, shall first be exposed at auction to the highest bidder, as hereinafter provided.

SEC. 11.

The commissioner of the land office shall give thirty to give 30 days days' notice of the time and place where said lands will be offered

notice of sale.

In what papers to be publish

ed.

No land sold at

for sale, together with the name or number of the several townships and ranges in which the lands to be offered are situated, which notice shall be published at least once in each week in one newspaper published in each senatorial district: Provided, that in the first senatorial district the publication shall be made in the state paper. And provided further, that the said publication be made in the Albany Argus, in the State of New York.

SEC. 12. No lands shall be sold at such public sale at a less price price less than than the minimum price specified by this act, or at a less price than fixed by law.

may hereafter be established by law.

When lands to be sold.

SEC. 13. The said lands, after having been once so offered, if not sold, shall be subject to sale by the said commissioner, to any person or persons who shall pay to him the sum required by law. SEC. 14. All warrants drawn by the auditor general, now outstanding, or that may hereafter be drawn in pursuance of law a gainst any of the funds of this state, and all treasury notes, shall be receivable in payment for the public lands of this state: Provided, that the words "public lands" used in any part of this act shall not be construed to mean "university or primary school lands."

Warrants drawn by aud. general to be

received in payment of said lands.

to keep record

SEC.-15. The said commissioner shall keep a record of the sale Commissioner and disposition of all the lands by him sold; of the name of the person &c. and index or persons to whom sold; of the kind of funds or evidences of debt received in payment; the date of such sale and description of the piece or parcel so sold, and the number of acres contained therein, and the amount received therefor. He shall also keep an alphabetical index of the names of such purchasers, referring to the page of the book in which such sale is recorded: and all records of sale and all maps remaining in said office, shall be open to the inspection of any person during the stated hours of business each day.

certificate and endorse on the same the kind

SEC. 16. On the sale of any lands at public sale or otherwise, To deliver to agreeably to law, the said commissioner shall make out and deliver purchaser a to the purchaser or purchasers of said lands, a certificate of such purchase, describing the lands purchased, the amount paid therefor, the of funds rec'd. date of the sale, and shall endorse on the same the kind of funds or evidences of debt received in payment, which certificate shall be regularly numbered, and a duplicate copy shall be retained by the commissioner, and another duplicate copy transmitted to the auditor general.

SEC. 17. When any payment of principal or interest on contracts To make entry in proper for the purchase of university or primary school lands, or on any books of payother contracts on which the said commissioner is or may be author- ment of princi

ised to receive payments, shall be made, the said commissioner shall

make an entry thereof, in the proper books, and make and deliver to the person paying the same, a receipt, setting forth in substance what is required to be set forth in the certificate referred to in the preceding section, and retain in his office a duplicate copy thereof, and

pal and inter

est on certain lands, and give receipt for the

Commissioner

mation to county treasurer &c.

transmit a duplicate copy to the auditor general, and the return of all duplicate certificates and receipts, required by this and the preceding section, shall be made on or before the first day of each month.

SEC. 18. The said commissioner shall, on or before the first day to give infor- of April in each year, give information in writing to the county treasurer of any county in which any lands may have been sold, with a description of the lands and name of the purchasers, and such county treasurer shall give the like information to the supervisor of the township in which the lands are located..

Commissioner

SEC. 19. The said commissioner shall, on or before the first day to deliver mo- of March, June, September and December of each year, deliver to neys, &c.and a statement of the treasurer of this State all moneys or evidences of debt received lands leased.

Once in 3 mo.

by him in said land office since the date of his last return, and also, make out and deliver to said treasurer an accurate statement and description of the lands leased or sold by him since the date of his last return, on account of which the said money or evidences of debt have been received, designating the names of the purchasers or persons paying the said funds, the kind of funds received, and the fund to which the same is to be credited.

SEC. 20. The auditor general shall, once in three months, trans aud. general to mit to the Governor of this state, an abstract of all certificates re ceived by him as provided for in the seventeenth section of this act,

transmit to governor an abstract of certificates. Governor to

specify the names of the purchasers and the description of the lands issue patents contained in each certificate, on the receipt of which the Governor to purchasers. shall execute patents of all lands mentioned in said certificates to the several purchasers thereof, which patents shall be under the seal of the state, countersigned by the secretary of state, and recorded in his office, and an exemplified copy thereof, or the original, shall be received as evidence of the facts contained therein in all courts of justice.

SEC. 21. The secretary of state shall not deliver to any purchaser not to deliver such patent until the original certificate of the commissioner, endorspatent in cer- ed by the treasurer and auditor general, as correct, shall be deposited in his office, unless the same shall have been lost or destroyed, and

upon the affidavit of the purchaser or his legal representatives of that fact, he shall be entitled to receive such patent, upon the presentation of a certificate of payment by the auditor general, countersigned by the state treasurer, as may appear by their files or records in their offices, which certificates and affidavits shall be filed in the office of the secretary of state.

Certified evi

SEC. 22. The certificate of purchase given by the commissioner to any purchaser in pursuance of the provisions of this act shall be dence for certain purposes. sufficient evidence of title to enable such purchaser to maintain an action of tresspass or other proper action for any injury to said lands, or to recover possession thereof, and they shall be liable to taxation after the issuing of such certificate.

SEC. 23. All actions for the recovery of any of the lands named in this act, all actions for any trespass or work (waste] committed on the same, and all actions for the determination of any matters incident to or connected with the establishment of the land office, and the duties of the commissioner in which the state is a party, (except suits against the commissioner,) shall be brought in the name of the "commissioner of the land office of the State of Michigan," and the prosecuting attorneys of the respective counties, when requested so to do, shall appear and prosecute any such suits free of charge to the

state.

All actions to

recover lands

to be brought in the name of

commissioner.

right

SEC. 24. In case any person at the time of the location and se- Pre-emption lection of any of the lands referred to in this act, was in actual posses- cured in cersion of the same, and had made improvements thereon, with the inten- tain cases. tion of securing a pre-emption right, by virtue of the laws of con

gress, he shall be entitled to purchase said lands at the minimum price established by this act, within one year after this act takes effect : Provided, satisfactory evidence of such possession, improvements and intention be filed with the said commissioner before the time of sale authorized by the eleventh section of this act, or before said lands are sold to any other person: and provided also, that no person shall be entitled to claim by such pre-emption right, more than one hundred and sixty acres.

7

Price of lands.

Commissioner to make report.

Land office at
Marshall.

Claim for

clerk hire to be presented to next legisla

ture.

Com'r to purchase safe &c.

Register of deeds in coun

SEC. 25. No lands shall be sold by virtue of this act, at a less sum than one dollar and twenty-five cents per acre, and no sale of a less quantity than forty acres, shall be made to any person, unless the same is a fractional lot.

SEC. 26. The commissioner shall, on the first day of December in each year, make a report of his doing to the governor, which report shall contain a description of all the lands sold or leased by him, the amount of the consideration received by him, the time when and the names of the persons from whom it was received, and suggest any alterations or modifications in this law, and shall cause the same to be published agreeably to the provisions of the first section of an act entitled " an act relative to certain state annual reports," approved April sixteenth, eighteen hundred and thirty-nine.

SEC. 27. The land office required by this act shall be located in the village of Marshall, in the county of Calhoun, until otherwise directed by law.

SEC. 28. Any claim or charge of the commissioner for any clerk hire that may be necessary or required by this act for the first year after the same shall take effect, shall be presented to the next legislature of this state, and the legislature may fix the amount annually

to be paid for such services; and the said commissioner shall purchase under the direction of the auditor general, at the expense of the state, all necessary furniture, books and stationary for the use of his office, together with an iron fire-proof safe for the safe keeping of the papers in his possession, the amount of which purchases shall be audited by the auditor general, on the presentation of the proper vouchers and on the certificate of its correctness by the commissioner, and shall be paid by the treasurer out of any moneys not otherwise appropriated. SEC. 29. The registers of deeds of the several counties of this state, are hereby authorized to record the patents issued by the governor, in conformity with the provisions of this act, in their respective offices, and the record of said patent shall be as valid and effectual as though the same had been witnessed and acknowledged as other conveyances of real estate are by law required to be.