PUBLIC LANDS.

[CHAP. not; and may dispose of the property so seized and taken, either at public or private sale, in such manner as will be most conducive to the interests of the state; and all moneys arising therefrom, after deducting the reasonable and necessary expenses of such seizure and sale, shall be a part of the permanent school fund, and shall be invested in accordance with the provisions of this title. (1874, c. 35, § 1.)

*8 54. Defence of suits for seizure of logs, etc. That for the purpose of determining the title to any property seized and taken under the provisions of the preceding section, the commissioner of the land-office is hereby authorized and empowered to defend any and all actions that may be brought for that purpose, and to do and perform those things necessary to protect the interests of the state. (Id. § 1.)

TITLE 2.

AGRICULTURAL-COLLEGE LANDS.

$55. (SEC. 53.) Agricultural-college lands to be appraised and sold to the state of Minnesota for the purpose of providing colleges for the benefit All lands donated of agriculture and the mechanic arts, under the act of congress, approved July second, eighteen hundred and sixty-two, "An act donating lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts," shall be appraised and sold, and the moneys arising therefrom shall be invested, in the same manner as is provided by law for the appraisement and sale and investing the moneys of school lands, under the provisions of the foregoing title, except that there shall be written on the bonds, "bonds of the agricultural college of Minnesota, transferable only upon the order of the governor": provided, that no such lands shall be sold for a less sum than five dollars per acre, nor for less than the appraised value thereof.

§ 56. (SEC. 54.) Investment of proceeds of sales-appropriation of interest. All moneys derived from the sale of the lands aforesaid shall be invested in stocks of the United States, or of this state, yielding not less than five per centum upon the par value of said stock; and the moneys so invested shall constitute a perpetual fund, the capital of which shall remain forever undiminished, and the interest of which shall be inviolably appropriated to the endowment, support and maintenance of at least one college where the leading object shall be, without excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts, in such manner as may hereafter be prescribed, in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions of life. (See ante, §§ 44, 45; see, also, c. 37,8 7.)

$57. (SEC. 55.) State to replace lost funds-interest-purchase of farms. If any portion of the fund invested, as provided by the foregoing section, or any portion of the interest thereon, shall, by any action or contingency, be lost, it shall be replaced by the state, so that the capital of the fund shall forever remain undiminished; and the annual interest shall be regularly applied, without diminution, to the purposes mentioned in the preceding section, except that a sum not exceeding ten per centum upon the amount received, may be expended for the purchase of lands for sites or experimental farms, whenever authorized by the legislature.

§ 58. (SEC. 56.) Fund not to be used for buildings. No portion of such fund, nor the interest thereon, shall be applied, directly or indirectly, under any pretence whatever, to the purchase, erection, preservation or repair of any building.

*$ 59. Appraisement and sale of university lands-investment of proceeds. All lands donated to the state of Minnesota by the United States, by act of congress,

entitled "An act donating to the states of Minnesota and Oregon certain lands reserved by congress for the territories of Minnesota and Oregon, for university purposes," approved March second, one thousand eight hundred and sixtyone, and an act of congress, entitled "An act donating public lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts," approved July second, one thousand eight hundred and sixty-two, and any part or portion of such lands, upon the written request of the board of regents of the university of Minnesota to the commissioner of the state land-office, shall be appraised and sold, and the minimum price thereof shall be the same, and permits for the cutting of timber thereon, and upon any part of the same, shall be granted, and the minimum price of such timber shall be fixed, and the right to cut grass and gather cranberries and make maple sugar thereon, or upon any part of the same, shall be sold, and all moneys arising therefrom, except as hereinafter provided, shall be invested, and a full record thereof shall be kept, and a report thereof shall be made annually to the legislature, and all trespasses upon said lands, or any of the same, shall be prosecuted, by the same officer or officers, respectively, and in the same manner in every respect, as is now provided by law respecting school lands; except that there shall be written on the bonds purchased, "bonds of the university of Minnesota, transferable only upon the order of the governor"; and such officers, respectively, shall have the same powers, and perform the same duties, as are provided by law respecting such school lands. And the proceeds of the sale of such lands above mentioned, when so invested, shall constitute a permanent fund, and the same shall be called the university fund; and there shall be and is hereby inviolably appropriated, and placed at the disposal of the board of regents of the university of Minnesota, to be drawn from the state treasury in the same manner as the interest and increase of the fund derived from the sales of lands granted to the state of Minnesota by act of congress, approved July second, one thousand eight hundred and sixty-two, as now provided by law, all of the interest and increase of such university fund; and also, all the proceeds of the sales of such timber and grass. (1868, c. 55, § 1.) (See ante, §§ 44, 45.)

* 60. Saving of powers conferred by act of 1868. Nothing in this act contained shall in any way modify or affect the powers conferred by, or the provisions of section eight of an act to reorganize and provide for the government and regulation of the university of Minnesota, and to establish an agricultural college therein, approved February nineteen, one thousand eight hundred and sixty-eight. (Id. § 2.)

REGULATION OF MINING ON THE PUBLIC LANDS.*

*§ 61. Size of mineral districts. That all mineral districts to be hereafter formed in this state shall conform to the township lines of six miles square. (1867, c. 24, § 1.) *§ 62. Mineral claims, by whom to be made. That all mineral claims shall be made in person by the party claiming, and any claim not thus made is invalid. (Id. § 2.) *§ 63. Rights of discoverer of mineral vein. That when a mineral vein or lode or lead, containing gold, silver, cinnabar or copper, is discovered, the party making the discovery shall be entitled to two hundred feet on said vein or lode or lead, as a discovery claim, with one hundred feet of land on either side of said vein or load or lead, for its convenient working; and he shall also be entitled to an additional claim of two hundred feet on said vein or lode or lead, with one hundred feet of land on either side of said vein or lode or lead, for its convenient working, according to the act of congress, passed July 26, 1866. (Id. § 3.) *S 64. Measurement and notice of claim. That to secure mineral claims, the person To regulate mining upon the public lands of the United States within the state of Minnesota. Approved March 6, 1867. (Laws 1867, c, 24.)

See, also, Laws 1866, c. 36.

making them shall measure off correctly the number of feet allowed by law, and shall post up a notice of said claim, of a substantial nature, upon a stake or tree, at the end of every two hundred feet, upon which shall be written the name of the vein, with date of taking, name of claimant, number of claim, and its general direction. (1867, c. 24, § 4.)

*§ 65. Shaft to be sunk, etc.-certificate of claim. That the claimant shall, within three months from the time of posting up a notice of his claim, in compliance with the law, sink a shaft on said claim, three feet deep by five feet square; and shall take from the bottom of the shaft so sunk specimens of the rock, properly labelled, with the name of vein, name of clain, and name of claimant thereon, number of claim, east or west, with a correct description of said claim, and file with the register of deeds of the county in which the mineral district is situated; and the register of deeds, after being satisfied that the said claimant has complied with the requirements of the law, and that he has not exceeded the two hundred feet, shall issue to said claimant, and record the same, a certificate, with description of claim, that said claim has been properly secured under the provisions of the law. (Id. § 5.)

*§ 66. Effect of failure to sink shaft. That in case the claimant fails to sink a shaft three feet deep by five feet square, within the three months specified, then he shall forfeit all right to the claim, and any other party can come in and take possession. (Id. § 6.)

*$ 67. Rights of claimholder-how lost. That whenever any citizen of the United States. or those who have declared their intentions to become citizens, shall have complied with the provisions heretofore set forth, then they shall have rightful possession of all claims made under and by virtue of this act, for the space of one year from the date of said claim; and unless a shaft ten feet deep by five feet square is sunk within a year from the date of the claim made, then all right and title to said claim shall be forfeited, and another claimant may come in and take possession, and secure a title under the law. (Id. § 7.)

*$ 68. Penalty for defacing notices of claims. That any person found tearing or mutilating any notice posted on any mineral claim in this state, shall be subject to arrest and imprisonment, and, on conviction, shall be fined not less than $50, nor more than $500. (Id. § 8.)

*§ 69. "Mineral claim," defined. That the term "mineral claim," as used in the preceding section, shall be construed to embrace all water-rights, ditches, flumes, timber claimed, or other interest appurtenant, necessary or auxiliary to a mine or mining-claim, or the working thereon. (Id. § 9.)

* 70. Fees of register. That the fees of the register of deeds shall be as follows: recording claim, $1.00; transfer of claim, 25 cents for each folio of one hundred words; and 25 cents for each certificate. (Id. § 10.)

* 71. Description of claim to be recorded. That it shall be necessary to place in the hands of the register of deeds a description of each claim, for record, within thirty days from the date of taking. (Id. § 11.)

72. Claims in unorganized counties. That in case any mineral district in this state is located in an unorganized county, the claim shall be recorded in the organized county to which such unorganized county has been attached for judicial purposes; and the register of deeds of said organized county shall perform the duties and receive the fees as provided by law. (Id. § 12.)

*§ 73. Registers of deeds to report. That it shall be the duty of all registers of deeds, in counties where mineral claims are filed, to make a report, every three months, to the secretary of state, of the number of claims taken, number of shafts sunk, and the general condition of the mines. (Id. § 13.)

APPROPRIATION OF SWAMP-LANDS TO STATE INSTITUTIONS.*

*8 74. State auditor to select lands for state institutions. That as soon as the title to the swamp-lands donated by congress to the state of Minnesota shall become vested in this state, the commissioner of the state land-office shall, from the evennumbered sections of any such lands not otherwise disposed of prior to the passage of this act, proceed to select, or cause to be selected, and set apart, for the support of an insane asylum, one hundred thousand acres of swamp-lands; for the support of an institute | institution] for the education of the deaf, dumb and blind, at Faribault, one hundred thousand acres; for the support of each normal school now established or hereafter to be established in this state, not exceeding three, seventy-five thousand acres; for the support of a state prison, one hundred thousand acres. (1865, c. 5, § 1, as amended 1875, c. 95, § 1.) *$75. Auditor to keep record-provision in case of deficiency. The commissioner of the state land-office shall cause to be kept in his office a record of the quantity, description, and date of selection of all lands selected and appropriated pursuant to the provisions of section one of this act: provided, that if from any cause there shall not be a sufficient quantity of such swamp-lands, then and in that case said commissioner shall select from the amount of said lands pro rata, in the proportion of said subdivision in this act, for each institution. (Id. § 2, as amended 1875, c. 95, § 2.)

*$76. Irrevocable dedication-appraisement and sale disposition of proceeds. All lands so selected and set apart by the commissioner of the state land-office, shall, from and after said selection, be deemed to be reserved and irrevocably dedicated and set apart for the purposes for which the same were selected; and they shall be appraised and sold in the same, and by the same officers, and the minimum price shall be the same, as is provided by law for the appraisement and sale of the school lands, under the provisions of title one of chapter thirtyeight of the General Statutes, with the modification[s] hereinafter mentioned. All moneys derived from the sale of said lands so set apart shall constitute the permanent funds of the several institutions to which the said funds are granted, the principal of which shall remain forever undiminished, and shall be invested in state or United States bonds, the same as the permanent school fund of the state is now required to be invested, and they shall be endorsed as bonds of the endowment fund of the institution to which they belong, transferable only upon the order of the governor. The interest received upon such bonds, and upon the unpaid principal due the several funds on land-contracts, shall be annually appropriated to the current funds of the institution entitled to receive the same, for their maintenance and support. (Id. § 3, as amended 1875, c. 95, § 3.)

*S 77. Lands subject to control and disposal of state. All right and title to and interest in the land mentioned in section one of this act, that may have been conveyed or vested in the trustees of the several institutions named in said section one, by sections three and four of said chapter five, are hereby declared subject to the control and disposal of the state, according to the provisions of this act. (Id. § 4, as amended 1875, c. 95, § 4.)

CONDEMNATION OF LAND FOR STATE.†

*8 78. When and for what purpose land may be taken. Whenever it shall be determined by the officers in charge, or designed to be in charge, of any state institution, that it is necessary for the state to acquire, for the use of such institution, any real estate, whenever the same shall not be acquired by agreement, the title to *An act to appropriate swamp-lands to certain educational and charitable institutions therein named, and for the purpose of erecting a state prison. Approved February 13, 1865. (Laws 1865, c. 5.)

An act to provide for obtaining title to lands by the state of Minnesota, for the use of the state, Approved March 9, 1874, (Laws 1874, c. 36.)

the same may be acquired by the state as hereinafter provided. (1874, c. 36, $1.)

*$ 79. Proceedings to condemn. The attorney general may, on behalf of the state, and for the use of any institution requiring for its uses such lands, give notice of his intention to apply for the appointment of three commissioners to appraise said real estate and the damage for taking the same, to the district court in and for the county where such lands shall be situated, or to a judge of said court, giving a general description of the lands to be appraised or taken, and specify the time and place of such application; which said notice shall be published at least once in each week for three successive weeks, in a newspaper published in the county where the lands to be taken shall be situate, or if no newspaper shall be published in said county, then in a newspaper published in the city of St. Paul. At the time and place named in said notice, the attorney general, for and on behalf of the state, may present an applica tion to said district court, or to a judge thereof, setting forth the name of the institution requiring said lands, and the general purposes for which the same are desired to be taken, and particularly describing said lands, for the appointment of such commissioners; and thereupon the court, or a judge thereof, may proceed to appoint three commissioners, who shall have cognizance of all cases named in such application, and shall have power to appraise the value of all such land, and the damages for the taking of the same; and said commissioners, before entering upon the duties of their office, shall severally take and subscribe an oath to the effect that they will faithfully perform their duty as such appraisers, without partiality, and to the best of their knowledge and ability, which oath shall be filed in the office of the clerk of the district court of the county in which the lands to be appraised shall be situate; and thereupon such commissioners shall proceed to examine the premises, in each lot or parcel of land separately, having given such notice as they may deem reasonable to the owner, owners, or persons interested in said lands, and to the guardian of any minor or insane person, which notice shall be in writing, and shall be served on such owner, interested person or guardian, if such person shall be a resident of the county where such lands are situated; and if such person or persons shall not reside in said county, then by publishing such notice in such newspaper as such commissioners may select, and for such time as they may choose; and at the time and place named in notice, the commissioners shall proceed, or a majority of them shall proceed, in each case or parcel of land, to an appraisement thereof, and of the damages sustained or to be sustained by reason of the taking and use of such land, and shall make award, in writing, of such damages; and shall deliver one copy of such award, signed by the commissioners, or a majority of them, to the clerk of the district court in and for such county, to be by him filed in his office, and shall deliver another copy of such award to the attorney general, to be by him filed in his office. (Id. § 2.)

*$ 80. Proceedings on appeal. Either party may appeal from such award at any time within thirty days from the filing said award in the office of the attorney general, by filing with the clerk of said court a notice of appeal, signed by the party claiming such damage, or by the attorney general on behalf of the state; and in case of appeal by either party, the clerk shall enter the appeal as an action in such court, naming the owner of such lands as plaintiff, and the officer or officers of the state representing the institution for the benefit of which such property is taken; and thereafter such appeal shall be tried as other causes in such court are tried, and a judgment rendered therein. (Id. §3.)

*§ 81. Costs of appeal. In case such appeal shall be taken by the claimant of damages, and upon the trial the award of the commissioners shall be raised, then the appellant shall recover costs, otherwise such appellant shall pay costs; and if