and further authorized and required to execute all acts of sale on behalf of the State for any such lands sold, to receive the cash payments and notes given for the purchase, which shall be made payable to the State Treasurer, and to place the same in the office of the Auditor of Public Accounts for collection; all cash received either for principal or interest from said sales shall be transmitted by him to the State Treasurer, and any moneys thus received into the State treasury from sales aforesaid, shall bear interest at the rate of six per cent. per annum, and be credited to the township to 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 (Act 267, 1858, 185).

SALE OF SCHOOL INDEMNITY LANDS.

Act 152, 1890, p. 211.

AN ACT to provide for the sale of school indemnity lands.

SECTION 1. That all lands now owned by or which may hereafter inure to the State from the United States government, as indemnity for school lands, shall be disposed of as hereinafter provided.

SEC. 2. That the Register of the Land Office shall have advertised for sale at public auction, for thirty clear days, a list of the lands to be sold: The publication to be made in a newspaper published in the parish where the land to be sold is situated, and no land to be sold need be advertised in any paper published outside of the parish where the land to be sold is situated.

SEC. 3. That the land shall be sold at public auction at the office of Register of the State Land office and shall be adjudicated to the last and highest bidder; provided in no case shall the land be sold for less than two dollars and a half per

acre.

SEC. 4. That any land which fails to bring the price of two dollars and a half per acre when offered at auction, shall thereafter be subject to private sale at two dollars and a half per acre.

SEC. 5. That it shall be the duty of the Register to deposit in the State Treasury, to the credit of the various school boards entitled to receive the same, the proceeds of the sale of all indemnity school lands, after paying the expense of advertising.

See Sec. 2944 and note.

2961. Compensation of Parish Treasurer. The parish treasurer of the several parishes shall be entitled to retain, out of the proceeds of the sales of sixteenth sections effected by them, a percentage of two and one-half per centum on the amount of said sales, to be deducted from the cash payment, and the same shall be in full compensation of their services (Act 33, 1859, 27).

2962. Lease of Lands, When Sale Refused.-Should a majority of the legal voters 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 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 (Act 321, 1855, 431).

2963. Interest on Certain Funds, How Applied.-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.

2964. Property of public schools, or employed by municipal corporations for that purpose, exempt from seizure. See Sec. 1320. 2965. Where purchase price has not been paid, sale of sixteenth sections may be annulled. See Sec. 1322.

See Act 109, 1871, p. 23, Acts 1872.

2966. Sale of Certain Sixteenth Sections.-When the sixteenth section of any township is divided 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 (Act 147, 1857, 136).

Act 168, 1894, p. 207.

AN ACT to provide for the sale of sixteenth section lands, where the township in which such lands, is situated is not habitable by reason of the land therein being swamp or sea marsh.

SECTION 1. That all sixteenth section lands located in a township not habitable by reason of the land being swamp or sea marsh, the school board of the

parish in which such lands are located may present an application for sale of such sixteenth section land to the Auditor of Public Accounts, in which they shall set forth the location of the township, its character and the reason upon which a sale is desired and upon receipt of such application duly signed by the president and secretary thereof, the Auditor may authorize the sale, if in his judgment a sale should be made.

SEC. 2. That in case a sale is ordered as provided for in Section One of this Act, the Parish Treasurer shall make such sale in the same manner, and upon the terms and conditions as is now provided by law for the sale of Sixteenth Section lands, Provided this act shall not apply to Sixteenth Sections now leased to parties for a term of years.

SEC. 3. That this act shall take effect from and after its promulgation.

TRESPASSES UPON LANDS BELONGING TO THE STATE.

2967. Penalty for Trespass.-If any person or persons shall cut, remove or otherwise dispose of, or be employed in cutting, removing or otherwise disposing 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 (Act 157, 1855, 207).

See Act 14, 1882, printed at page 200.

2968. Duty of Register to Give Information.-It shall be the duty of the Register of the State land office to render such information as may tend to convict the aforesaid person or persons.

2969. Judges to Charge Grand Juries.-It shall be the duty of the several district judges of the State, at each regular session of their courts, to charge the 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.

GRADUATION OF THE PRICE OF PUBLIC LANDS.

2970 to 2975. Price of lands in certain parishes. Quantity which may be entered. Price of certain lands in various parishes, etc. Superseded by Act 75, 1880. Printed at p.

APPEALS FROM THE DECISIONS OF THE REGISTER OF THE LAND OFFICE.

2976. Term for Appeal to District Court.-In all conflicting claims of preference of right to any land granted to the State by acts of Congress, after they shall have been decided by the Register, and after he shall have assessed the same to the person first locating or settling thereon, the claimant aggrieved by the decision shall have the

right, within six months after the decision of the Register, to appeal from the same to the district court of the parish in which the land is situated (Act 197, 1857, 192).

2977. Transcipt of Appeal-Trial de Novo.-As soon as an application for an appeal is made to the 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.

2978. Citation of Appeal-Proceedings.-As soon as such transcript is filed, together with an accompanying petition, in which the alleged errors of the Register must be set forth, it shall be the duty of the clerk to issue citation to the other party according to existing laws, and all proceedings had subsequent thereto shall be the same as in ordinary cases.

2979. Right to Jury-Appeal to Supreme Court.-In all appeals taken before the District Court, the parties shall be entitled to trial by jury as in other cases; and, from judgment rendered by said District Court, they shall have the right to appeal to the Supreme Court, upon strict compliance with existing laws on the subject.

2980. Return of Final Judgment to Register.--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 the 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.

CONTESTS FOR LAND ENTRIES.

Act 107, 1886, p. 203.

AN ACT to provide for contests and the trial thereof by the Register of the State Land Office of past and future entries of State lands under any laws requiring acts of settlement and cultivation, granting successful contestants the exclusive right to enter the same for a limited time, and to regulate the practice of the State Land Office in the trial thereof.

SECTION 1. That in all cases where lands belonging to the State of Louisiana have been entered, or shall hereafter be entered, under any of the laws requiring settlement and cultivation of said lands as a part of the consideration received or to be received by the State for the same, and particularly where such entries have been made or shall be made under the homestead act, the graduation act, or the settlement and cultivation act, it shall be lawful for any person or persons desiring to acquire title to the same, or any part thereof, and who is or shall be otherwise lawfully qualified to acquire the same, to contest said entry or entries, and if successful to acquire title to the lands covered by the same in the manner following: He or they shall file a written notice of contest in the State land office describing said entry or entries by number, date, and the name of the enterers and the land by section, township and range, or other proper description, and setting

forth the facts constituting the alleged invalidity of said entry or entries, which said notice shall be supported by the affidavit of the contestant and two witnesses, and on filing the same with the Register of the State land office and the payment of two dollars and fifty cents ($2 50) for each entry so contested to cover the cost thereof, except that of the services of notices of contest as hereafter provided; it shall be the duty of said Register to issue his notices to the said enterer or enterers, and deliver the same to the contestant or his attorney of record, which notice shall substantially state the facts, the ground of contest, and that on a day to be therein fixed, the parties will be heard in person or by counsel, with such proof as either may adduce, under the principles and rules of evidence applicable and now in force in like contests in the land offices of the United States.

SEC. 2. That the said register shall proceed, on the day fixed for trial of said contest, and in as expeditious a manner as may be consistent with justice and the intent of this act, to hear the evidence and the arguments, and shall decide according to the principles of law and justice and of this act, said entries or any of them, valid or invalid, and to affirm or cancel the same accordingly, and said decision shall be final so far as the executive department is concerned, unless an appeal be taken under existing laws. If said entry or entries are deemed invalid and cancelled, it shall be the duty of said register to notify the parties to the contest, or their attorneys, and thereafter and for a period of sixty days the contestant shall have the sole right, exclusive of all other persons, to enter any or all of said lands under any of the laws then in force, in accordance with all the limitations, conditions and requirements of the same as to quantity, price or acts of settlement and cultivation; provided, that none of the provisions of this act shall apply to any land for which the State has issued or may at the time of filing contest have issued a patent or patents, and that the practice, forms and modes of proceeding under this act shall conform so far as consistent herewith, and so far as locally applicable to the established practice, forms and modes of proceeding in like cases now in force in the General Land Office of the United

States.

SEC. 3. That if, upon the termination in favor of any contestant of a contest or contests, brought under this act, the land or any part thereof involved therein shall not be then lawfully subject to entry by said contestants, he shall in like manner have the exclusive right to require title thereto, as heretofore provided, within six months after the same shall become liable to legal disposition, of which fact the said Register shall notify him or his attorney of record by mail or otherwise.

See Act 104, 1888, printed at p. 691, and note.

2981. Acceptance of Certain Acts of Congress.-An act of Congress of the United States, approved July second, A. D. 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 62, 1869, 62).

See Act 43. 1892, printed at p. 696.

2982. Expression of Acceptance.-The said grant of land and land scrips 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.

2983. Commissioners to Receive Scrip, etc.-The Governor of the State, together with the Chief Justice of the Supreme Court, and a commissioner to be duly appointed by them, are hereby appointed commissioners to receive from the Secretary of the Interior,