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A continuation of the editions of 1881 and 1888: containing all ..., Volume 3 online

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ceed ten per cent, of the rents which may be collected by them.

8176. Unlawful possession of lands. § 8. It is made the duty of,
and it shall be lawful for the auditor of state, when any of the lands of the
state are unlawfully held, or in the possession of any one, to issue a warrant
directed to the sheriff of the county in which the land so held may lie, com-
manding that officer to take possession of said lands and deliver the same
to the purchaser thereof; and, the auditor of state is also directed and au-
thorized to issue a warrant to the sheriff of the county where lands are so
held or possessed by any person and upon receipt of said warrant the said
officer shall promptly proceed to execute such process and take possession
of said property according to its command.

8177. Proceeds, how disposed of. § 9. The money received bjr
the treasurer of state for the sale or rent of said land, as provided in this
act, shall constitute a fund for the following purposes, and for no other,
to wit :

First To pay the expenses of preparing the maps or plats thereof, the
expenses of the sale thereof, certified by the auditor of state and paid out
of this fund in the state treasury upon his warrant.

Second, After the payment of the foregoing expenses, the fund remain-
ing in the state treasury shall be transferred to the permanent common
school fund of the state. [See § SlS2, post.

8178. Mortgage lands — College fund. § 10. The auditor of state
is, also, hereby authorized and directed to have appraised and sold, under
the provisions and conditions of this act for the appraisement and sale of
other lands of the state, the lands mortgaged for college funds and forfeited
to the state for non payment of principal and interest due thereon, and an)r
lands known as university or college lands remaining unsold, or which,
having been sold, have become or may hereafter become forfeited for non
payment of balance of purchase money due thereon, the proceeds thereof
to be placed in the college fund in the treasury of state.

8179. State auditor sell certain lands — Exception. § u. The
auditor of state is hereby authorized and directed to sell, under the provis-
ions and conditions of this act, all lands of the state upon which there is no
public building, or which is not in actual use by any of the institutions of
this state or which has not been set apart by law for state purposes, the
proceeds thereof to be paid in to the general fund in the treasury of state:
Provided, that the square known as University square in Indianapolis shall
not be sold under the provisions of this act.

8180. Repealing clause. § 12. All laws conflicting with the provis-
ions of this act are hereby repealed.

8181. Emergency. § 13. An emergency is hereby declared to exist
for the immediate taking effect of this act, therefore the same shall be ia
force from and after its passage.



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659 Lands of the State. §§ 8182-8188

An Act entitled an act to amend section 9 of an act entitled an act authorizing the sale and conveyance
of certain lands of the state of Indiana, disposing of the proceeds thereof and providing for the re-
covery of the possession of any of the lands of tne state unlawfully held, and for the rent of any of
the lands of the state until sold; repealing all laws in conflict therewith, and declaring an emergency,
approved March 9, 1889, and declaring an emergency. [Approved and in force March 4, 1891; S.,
»*9i. P- 77-*

8182.* Land sales — Disposal of proceeds — Amendatory. Sec.
1. Be it enacted by the General Assembly of the State of Indiana, That section
9 of the above entitled act be amended to read as follows: Section 9. The
money received by the treasurer of state for the sale or rent of said land, as
provided in this act, shall constitute a fund for the following purposes and
for no other, to wit:

First. To pay the expenses of preparing the maps or plats thereof, the
expenses of the sale thereof, certified by the auditor of state, and the ex-
penses having accrued thereon certified by the auditor of the respective
county, and paid out of this fund in the state treasury, upon his warrant.

Second. After the payment of the foregoing expenses, the fund remaining
in the state treasury shall be transferred to the permanent common school
fund of the state.

8183. Emergency. § 2. Whereas, an emergency exists for the imme-
diate taking effect of this act, therefore, the same shall be in force from and
after its passage.

An Act authorising the sale and conveyance of certain lands belonging to the state of Indiana. [Ap-
proved March 7, 1889; in force May 10, 1889; S., 1889, p. 221.

8184. State land— Sale of Indianapolis lot. Sec. i. Be it enacted
by the General Assembly of the State of Indiana, That the auditor of state
be and he is hereby authorized to sell and convey at public or private sale,
the following described real estate, situate in the county of Marion, and
state of Indiana, to wit: Lot one (i) in block sixtv-eight (68) in the orig-
inal plat of the city of Indianapolis.

8185. Appraisement — Terms of sale. §2. The auditor shall cause
the real estate described in the first section of this act to be appraised by
three disinterested freeholders, one to be chosen by the governor, one by
the auditor, and one by the treasurer of state. The appraisement to be
filed with the auditor of state: Provided, that the purchaser shall be re-
quired to pay one-half of the purchase money cash, the balance in one and
two years, with interest at six per cent, per annum from date of sale, and
to be secured by first mortgage on the real estate sold.

8186. Notice of sale — Minimum price. § 3. Before offering said
lands for sale, the auditor shall give notice thereof by publication in two
daily newspapers of general circulation published in the city of Indian-
apolis, for one week, of the description of said real estate, no bid or offer
less than the appraised value to be accepted.

8187. Payment of price— Execution of deed. §4. The purchaser
of said real estate, sold as aforesaid, shall pay the purchase money, as certi-
fied by the auditor of state, to the treasurer of state, and when the auditor
of state shall receive the receipt of the treasurer of state therefor, he shall
cause to be prepared a deed of conveyance, in the name of the purchaser,
which deed shall be signed by the governor of the state, officially attested
by the auditor, with the seal of the state affixed thereto.

8188. Proceeds, to general fund. § 5. The money received by the
treasurer from the sale of said lands shall first be applied in payment of all



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8189-8191 §§ Lands of the State. 660

expenses of the sale, as certified to by the auditor, and the remainder shall
be transferred to the general fund.

An Act in relation to lands in Newton county, Indiana, included within the meander line of Beaver
lake, as established by the United States survey, and in relation to the title to said lands and the
sale of the state's title to said lands and declaring an emergency. [Approved and in force March
9, 1889; S., 1889, p. 355.

8189. Beaver lake lands — Confirmation of title in grantees.

Sec. 1. Be it enacted by the General Assembly of the State of Indiana , That the
title to all lands included within the meander line of Beaver lake, as estab-
lished by the United States survey, in Newton county, Indiana, heretofore
sold pursuant to the provisions of an act of the general assembly of the
state of Indiana, entitled " An act to provide for the sale of certain lands
in the counties of Jasper and Newton, and to give protection to actual set-
tlers thereon," approved December 12, 1865, be and the same is hereby
confirmed in the respective grantees holding under the deed of the gov-
ernor, made in pursuance of said act, and in their respective heirs and as-
signs.

8190. Sale of lands authorized. § 2. That all lands, whether cov-
ered by water, marsh or dry land, included within the said meander line of
said Beaver lake, in Newton county, as have not been sold by the state, in
pursuance of said act of December 12, 1865, shall be disposed of accord-
ing to the provisions of this act, and the consideration realized to the state
as purchase money therefor, shall become, be and remain a part of the com-
mon school fund of the state.

8191. Conditions of sale — Price — Application to purchase —
Purchase money. § 3. That at any time after the taking effect of this
act, and before the first day of October, 1889, any part of said lands re-
ferred to in the second section of this act, may be sold by the state and pur-
chased by any person claiming the same under a tax deed or a tax title, or
under a deed of Michael G. Bright, at and for the net price and considera-
tion of thirty-seven and one-half cents per acre for all lands so claimed by
any such purchaser. That prior to said first day of October, 1889, none of
said lands shall be sold by the state to any person other than such claim-
ants. Every such claimant desiring to purchase shall make out and file
with the auditor of state, before said first day of October, 1889, an applica-
tion to purchase under the provisions of this section, setting out a complete
abstract and statement of his paper title to all of said lands claimed by him
and which he desires to purchase, and showing further that he claims title
from, through and under a tax deed from the auditor of Newton county,
or of Jasper county, or from, through and under a deed of conveyance from
Michael G. Bright, and showing, also, that the taxes on such lands have been
paid for twenty (20) years next preceding the passage of this act by such
claimant or his ancestors, devisors or grantors, and that all costs legally taxed
in suits brought by the state against such applicant in respect of said land,
have been fully paid, and that the applicant relinquishes all claims against
the state for taxes and improvements on any of said lands as well as rights
which may have accrued to him under the statutes of limitation affecting
any of said lands. Such application shall be verified by the oath of
the applicant, or of some competent person in behalf of the applicant, and
there shall be attached to such application the official certificate of the
auditor, treasurer, clerk and recorder of Newton county, showing that
the statements contained in said application are true as appears by the



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661 Lands of the State. § 8192

records of their respective offices. When such application has been pre-
sented to the auditor of state, and has been approved by him, he shall
indorse his written approval thereon, stating the number of acres included
in such application ; and such applicant shall thereupon pay to the treasurer
of state the full amount of the purchase money of all the lands embraced
in such application and desired to be purchased according to the acreage
contained in the auditor's approval of said application ; and the treasurer
of state, upon the payment of said money, shall issue to said claimant his
receipt showing the amount of money paid, the name of the person pay-
ing the same and the description of Jhe land therewith purchased,
which receipt said claimant and purchaser shall file with the auditor of
state ; and upon the filing of such receipt, the auditor of state shall prepare
a deed of conveyance for all lands so purchased by said claimant, running
in the name of the state of Indiana, to such purchaser, his heirs and assigns,
and shall procure said deed to be signed by the governor and attested by
the secretary of state under the seal of the state, and shall deliver said
deed, so executed, to such purchaser ; and such deed, when so executed,
shall be admitted to record in the recorder's office of Newton county. The
title in fee simple to all lands so conveyed shall, upon the delivery of the
deed, as aforesaid, vest in the purchasers respectively, and their respective
heirs and assigns, and the rights of the state of Indiana, and of all claim-
ants in and to the lands so conveyed, shall thereupon be barred : Provided,
that no such sale shall be made to any applicant which does not include
all of the said lands which he has claimed to own on the first day of Jan-
uary, 1889, as shown by the records aforesaid, and in case an applicant
shall apply for a deed to a part only of the land so claimed by him, his ap-
plication shall be rejected.

8192. State auditor's duty. § 4. The state of Indiana having, in
pursuance of said act of December 12, 1865, sold and conveyed a portion
of the lands included within said meander line of said Beaver lake in said
Newton county, and having, in her deeds conveying said land, described
and identified the same according to the number of lots and means of iden-
tification provided in a certain plat made on the 5th day of April, 1857, by
Michael G. Bright, which plat embraced all the lands within said meander
line, and which plat said Michael G. Bright, on the 13th day of October,
1857, caused to be recorded in the recorder's office of Jasper county, Indiana
in which county said lands were then situate, and also caused the same to
be recorded in the office of the auditor of state, said plat and the recording
thereof in said offices are hereby legalized, and the auditor of state is au-
thorized and directed in selling and conveying any of the lands included
within said meander line of said Beaver lake to describe and identify the
same according to the numbers and means of identifications provided in
said plat. The application of claimants of said lands referred to in sec-
tion 3 of this act shall describe the lands therein claimed according to the
numbers and means of identification provided in said plat ; and the auditor
of state, in ascertaining the number of acres to be paid for in any application
to purchase under the provisions of section 3 of this act, shall estimate each
lot as numbered and identified on said plat as containing forty acres, ex-
cept the marginal lots in said plat, which shall be estimated as containing
forty acres each less the quantity of land in any such lot which lies with-
out said meander line of said lake.



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8193-8197 §§ Lands of the State. 662

8193. Unsold lands. § 5. If any portion of said lands mentioned in
section 2 of this act shall, on the first day of October, 1889, remain unsold,
and if at that date no application for the purchase thereof, in accordance
with the provisions of section 3 of this act, shall have been presented to the
auditor of state and the purchase money therefor paid as provided in said
section 3, such unsold portion of said lands shall then belong to the state
of Indiana in fee simple, discharged from all claims, whatsoever they be,
and shall be subject to sale under the general laws of the state for the dis-
posal of state lands.

8194. Attorney general's fee. § 6. The attorney general shall be
allowed as in full for his fees and expenses and compensation in bringing
and prosecuting suits to reclaim said lands, or any of them, for the state,
a sum equal to five per centum of the amount realized from sales made
pursuant to this act, such allowance to be paid out of the general funds of
the state, not otherwise appropriated, on the warrant of the auditor of state.

8195* Sundry fees, g 7. In addition to the amount allowed to the
attorney general, as provided in section 6 of this act, there shall be al-
lowed Jacob B. Julian and David L. Bishopp, as deputy attorney generals,
as in full for their fee, expenses and compensation for assisting the present
attorney general and his predecessors in office in the bringing and prose-
cuting of all suits to reclaim said lands, or any of them, for the state, a
sum to Jacob B. Julian equal to twelve per centum, and to David L. Bish-
opp three per centum, of the amount realized from the sales made pursu-
ant to this act, such allowance to be paid out of the general fund of the
state not otherwise appropriated, on the warrant of the auditor of state.

8196. Emergency, g 8. An emergency is hereby declared to exist for
the immediate taking effect of this act, it shall therefore* take effect and be
in force from and after its passage.

An Act to require the auditor of the state of Indiana to make and deliver to Luther H. Mott, a good
and sufficient deed for the northeast quarter {)£) of the southwest quarter Of) of section thirty (30).
township twenty-two (aa) north, in range three (3) east, in Tipton county, state of Indiana, and
declaring an emergency. [Approved and in force January 22, 1891; S., 1891, p. 6.

Preamble. Whereas, Edgar Rood and Isaac A. Rood late of Tipton
county, Indiana, did on the 17th day of July, 185 1, purchase the northeast
quarter (i) of the southwest quarter (£) of section thirty (30) in township
twenty-two (22) north, in range three (3) east, in Tipton county, state of
Indiana, from the United States government and paid to the said United
States government the full purchase price therefor and received a certifi-
cate of purchase for said land. That the United States government there-
after ceded said land to the state of Indiana. That afterward the said
Rood and Rood sold said land for a valuable consideration to one Luther
H. Mott. That the said Luther H. Mott, in good faith, paid for said land,
cleared, drained, redeemed, at a large expense, and rendered said land
dry and arable and in a high state of cultivation, and that the state of
Indiana, now holds the paper title to said land; therefore,

8197. Title to land declared— Deed, execution of. Sec. i. Be it
enacted by the General Assembly of the State of Indiana^ That Luther H. Mott*
is the owner of the northeast quarter (i) of the southwest quarter (^) of
section thirty (30) in township twenty-two (22) north in range three (3) east,
in Tipton county, state of Indiana, in fee simple and in equity and the
auditor of the state of Indiana, is hereby directed to make and deliver to
Luther H. Mott a good and sufficient deed for the above described land.



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6G3 Lands of the State.

8198. Emergency. § 2. Whereas, an emergency ex
mediate taking effect of this act, therefore the same shall
and effect from and after its passage.

An Act authorizing the auditor of state to se and convey certain lands loa
Indiana, purchased for the use of Fairview Academy, under an act entitled "
Fairview Academy in Rush county,'' approved February 16, 1848, and dec!
[Approved and in force March 4, 1891 ; S., 1891, p. 75.

8199. Land in Rush county — Sale of. Sec. i.
the General Assembly of the State of Indiana, That the i
be, and he is hereby, authorized and directed to sell and co
ing described realty located in the county of Rush, and s
the same being the property of the state of Indiana, and pi
conveyed to John M. Shawhan, president of the board of
Fairview Academy, in Rush county, Indiana, under the
act entitled "An act to incorporate Fairview Academy, in
approved February 16, 1848, as follows, to wit: Comme
rods north of the southeast corner of section four (4), toi
{14), range eleven (11), east ; thence north two rods; thena
and one-third {S3i) rods to stake; thence south twelve (u
thence east thirty-seven and one-third (37^) rods to stafo
ten (10) rods to stake; thence east sixteen (16) rods to pla
containing two and three-fourths (2!) acres, more or less.

8200. Emergency. § 2. Whereas an emergency exi
mediate taking effect of this act; therefore, the same shall
and after its passage.

An Act to authorize the auditor of state to accept, for the use of the state of 1
lands, including the bed of the Kankakee river, from the west line of the stat
limestone ledge at Momence, in the state of Illinois, to provide for the remov
rock ledge as obstructs the channel of said river and for matters properly coi
eluding the appointment of a board of commissioners and a civil engineer t<
appropriating forty thousand dollars for the expenses of said work and dec
[Approved and in force March 7, 1889; S., 1889, p. 291.

Preamble. Whereas, Under provisions of an act of
sembly of the state of Indiana, approved April n, 188]
made of the wet lands of the Kankakee region of this st
which survey, made to the governor by John I,. Campbell,
was filed in the office of the secretary of state, December
Whereas, It appears from said report that the area of cou
the Kankakee and its tributaries, in the state of Indiana, i
lion of acres; that the soil is a rich vegetable mould and
proper drainage would add, at least, ten million dollars to th
of the state, adding, also, to the population, health, good
eral prosperity of the commonwealth; and, Whereas, Larg
have been expended and are still expending, in the drainaj
tory, which drainage can not, however, be successfully acco
to the natural obstruction caused by the limestone ledge
below the state line of Indiana, said ledge rising abruptly
half feet above the bed of the river, and extending, with <
tude, for a mile and a half below; and, Whereas, The i
state would be largely increased and the value of the land
the state in said region greatly enhanced by the removal
tion; therefore,

8201. Kankakee river — State auditor to acce
drainage purposes. Sec. i. Be it enacted by the Genera



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8202 § Lands of the State. 664

State of Indiana, That the auditor of state be and he is hereby authorized
to accept for the use of the state of Indiana, for the purpose of such drain-
age, trust deeds to the lands forming the bed of said river, extending three
hundred feet or more in width from the west boundary line of the state to
and including said limestone ledge at Momence, in the county of Kankakee
and state of Illinois, such deeds to be filed in the office of the auditor of
state, without expense to the state, on or before May i, 1889. That in
such deeds the grantors shall convey to said auditor of state and his suc-
cessors, in trust for the use of the state, good title to all lands necessary
for the purposes of such drainage. Conditioned only that the state of In-
diana will, within five years from November 1, 1887, cause a channel to be
made through said limestone ledge so as to lower said obstruction at its
highest elevation, seven feet and one-half. That said channel be about
two hundred feet in width at the top, at such highest elevation, narrowing
to such width at bottom, not less than twenty-five feet, as in the judgment
of the commissioners hereinafter named may be sufficient to carry the
waters of the river within its banks: Provided, however, that the total cost
of said work, including all expenses connected therewith, shall not in any
event exceed the sum in this act appropriated.

8202. Commissioners appointed, how — Duties. § 2. For the
purpose of doing said work the governor shall appoint three commissioners,
to be known as the " board of commissioners for the removal of the lime-
stone ledge in the Kankakee river/' Such appointment shall be made as
soon as possible after the passage of this act. The governor shall notify
such commissioners of their appointment under his certificate and seal, and
such notice shall constitute their commission, and shall be by them de-
posited in the office of the auditor of state, and there recorded. The com-
missioners so appointed shall, within twenty days after their appointment,
qualify by taking an oath that they will honestly, diligently, and according
to law, discharge their duties as such commissioners. They shall also give
bond, with surety to be approved by the auditor of state, each in the sum
of five thousand dollars, conditioned for the faithful discharge of such du-
ties as may be imposed upon them by law as such commissioners, and that
they will complete said improvement, as in this act required, for and within
the limits of the amount herein appropriated. They shall elect one of their
number as president, whose duty it shall be to preside over meetings of
said board, sign the record of the proceedings thereof, and sign all vouchers
before a warrant is drawn for their payment. They shall cause to be kept
a record of their proceedings, and shall report annually to the governor, for
the use of the public, a synopsis of their proceedings and an account of
their expenditures. They may make such rules and regulations for the pay-
ment of money, the government of contractors and employes, and the man-
agement of said work, as they may deem prudent, not inconsistent with this
act and the laws of the state. . They may meet on their own adjournment,



Online LibraryIndianaA continuation of the editions of 1881 and 1888: containing all ..., Volume 3 → online text (page 100 of 134)