CHAP. 3. SECT. 11. In townships for settlement, 1000 SECT. 31. Mode of selling land other than Present land acres to be reserved for the use 12. Agent to restrict such persons as 15. Settling lands to be surveyed and 16. Agent's assistants to be sworn, and 17. Surveys to be made under the di- 18. Land agent to make accurate maps 19, Plans, field books, &c. to be kept both at Augusta and Bangor. 21. When the agent may lay out or 22. Power of land agent to sell public 23. Mode of advertising. 24. Terms of sale. 25. Certain lots may be sold for set- 26. Purchaser to clear fifteen acres 27. Duty of the purchaser of more 28. Provision for the erection of a 29. No more than five townships to be settling land. 32. Adjustment of price, when that first demanded is not obtained. 33. Terms of payment. 31. Payment to be secured for land sold, whether for settling or other purposes. 35. Land agent to execute deeds of lands granted by the legislature. 36. He or his assistants may serve precepts on trespassers. 37. Agent to carry into effect the resolve of March 9, 1832. 38. Provision for the Aroostook road. 40. Proceedings, if the road must be 42. Rule of estimating damages. Cer- 44. No person concerned in such tres- 45. Lands reserved in townships for public uses to remain under the agent's care. 46. Of the agent's reports, accounts and settlements. 47. The form and particulars of his report. 48. Moneys from the treasury to be paid on warrant. Agent to keep the notes and return to the treasurer schedules thereof and balance sheets. 49. Of the collection of notes by the agent. 50. His report of suits commenced and of costs incurred. SECTION. 1. The present land agent shall continue in office, agent contmu- according to the tenor of his appointment. ed. Future appoint ments. 1828, 393, § 1. Agent's salary and bond. 1836, 244, § 1. SECT. 2. When there shall be a vacancy in the office, it shall be the duty of the governor, with advice of the council, to appoint another land agent, who shall hold his office during their pleasure, subject however to the limitation of law, respecting the tenure of civil offices. SECT. 3. He shall receive an annual salary of one thousand dollars from the state in full for all his services, and shall give bond 1835, 192, 16. to the treasurer of the state, in the sum of fifty thousand dollars, with sufficient sureties, to the satisfaction of the governor and council, for the faithful performance of the duties of his office. His duty. SECT. 4. It shall be his duty to superintend and manage the sale and settlement of the public lands, and he shall be governed, CHAP. 3. in making contracts, giving deeds, and in all his other official acts, by the provisions of law. business. SECT. 5. No person shall be appointed or continued an agent, Restrictions, as for the purposes above mentioned, who is, or shall be, in any man- to his private ner, directly or indirectly, concerned in the lumber business on 1828, 393, § 3. state lands, or in the purchase of public lands, or any of the lumber or grass growing or cut thereon. and settlements sers. with trespas1923, 393, § 1. Securities to be made payable to the state. SECT. 6. The land agent shall receive all moneys and securities To account for accruing to the state, from the sale of lands or grass, or in payment of avails of sales timber or grass cut by trespassers, and pay over to the treasurer of the state all moneys so received, and found due from him on settlement. SECT. 7. All securities, given for the sums before mentioned, shall be made payable to the treasurer of the state. SECT. 8. He may, under the direction of the governor and council, sell at auction, or private sale, any timber or grass growing on the public lands, and take suitable measures for preserving all grass. 1823, 393, § 1. timber and grass, and prosecute all trespassers on such land, and Prosecution of seize and sell all lumber or grass, so cut by them, giving reasonable trespassers. and public notice of such sale. 1828, 393, § 1. timber and Preservation of SECT. 9. When licenses are given for more than one year, then Licenses to cut there shall be paid, on or before the first day of September annually, timber or grass. one half, or one third part of the whole sum, for timber and grass authorized to be cut under the license, according to the times therein mentioned. And no license shall be given for a term exceeding three years. SECT. 10. He shall personally attend to the duties of his office, as far as practicable, and employ as many assistants, duly sworn, as may be necessary, for whose conduct he shall be responsible. SECT. 11. In every township suitable for settlement, whether timber land or not, there shall be reserved one thousand acres of land, to average, in quality and situation, with the other land in the township, for the exclusive benefit of such town, as the legislature may hereafter direct. Agent to attend personally, un to his duties less assistants are necessary. 1828, 393, § 2. In townships 1000 acres to be reserved for the for settlement, use of the town. 1828, 393, 4. to re 1830, 480, 92. strict such persons, as hold or claim more land includes. case of disa SECT. 12. When the land agent shall ascertain that any person, deriving title under grant from the state, shall have in possession, or claim a right to, a greater quantity of land than was granted to him, the agent shall demand of him a release to the state of the surplus than their grant quantity, or the fair value thereof in money, or security therefor. SECT. 13. If a disagreement, as to the amount of such surplus, Proceedings, in or its value, shall exist, the agent may settle the same by reference, greement as to or in any other manner agreed upon; but if neither mode, above surplus, or its mentioned, shall be adopted by such claimant, the agent shall report 1830, 480, § 1. all the facts of the case to the governor, and he, with advice of the council, may direct an inquest of office, or other process in law, that the attorney general shall determine proper, to be instituted, to obtain possession of such surplus. value. SECT. 14. When a township, or a part of one, shall be sold, subject to the reservation mentioned in the eleventh section; or Mode of desigwhere, by the terms of sale, such whole or part of a township is to nating lands be surveyed and lotted for settling, within a time specified, the owner vided in the ethereof shall, within three months after such survey and allotment, 1830, 480, § 2. reserved, as pro leventh section. CHAP. 3. give notice thereof to the land agent, and shall furnish him with a plan of said survey and allotment, and the land agent, with such person as the owner shall appoint, shall select and designate the lands reserved for public uses; if such owner shall neglect to appoint an agent for the purpose, the land agent shall select and designate the same, and cause a description of the designated lots to be recorded in the registry of deeds, in the county where such lands are situated, at the expense of the state. If the land agent and the person appointed by the owner cannot agree in the selection, they shall represent the facts to the district court for the county, where such lands lie; and said court shall appoint a committee to perform said service; and said committee shall make return of their doings to said court; and, when accepted by said court, the land agent shall cause the same to be recorded as aforesaid. Settling lands to be surveyed and lotted be fore sale. Agents' assistants to be sworn SECT. 15. No township or tract of land belonging to the state, not already surveyed for settling, shall be sold by the land agent, until all the land in such township or tract shall have been surveyed and lotted; the land suitable for farming, into lots not exceeding one hundred and seventy acres each; and the remaining land therein, into lots not exceeding seven hundred acres each. SECT. 16. All persons employed by the land agent, either as assistants in the land office, or in surveying or exploring lands, shall be sworn to the faithful discharge of their duties, and no person, employed as aforesaid, shall be concerned, directly or indirectly, in 1835, 192, § 3. the purchase of any lands belonging to the state. and not concerned in the purchase of state lands. Surveys to be made under the direction of the governor and council and land agent. 1835, 192, § 4. Land agent to make accurate maps and de scriptions and deposite them in the land of fice. 1835, 192, § 5. Plans, field books, &c. to be kept, both at Augusta and Bangor. 1835, 192, 65. Agent to exhib it the same and give information at his office. 1835, 192, § 5. When the agent may lay out or make roads. 1835, 192, § 8. SECT. 17. The governor and council, and land agent for the time being, shall constitute a board, under whose directions all sur veys shall be made. SECT. 18. The land agent, where lands have been lotted, as provided in section fifteen, shall make, or cause to be made, an accurate map or plan of the lands, as surveyed, on which he shall describe and define, as nearly as may be, the lakes, ponds, rivers, streams, falls or mill sites, and the road or roads, which, in his opinion, may be necessary; and deposit the same, together with the field notes, in the land office, in three months after completion of the same; and said field notes shall contain a description of the growth, soil, and general character of each lot. SECT. 19. Correct plans and field notes of all surveys, and an estimate of the distance of each lot of timber land from any stream, in which timber can be floated to market, or copies of the same, shall be kept in the land offices at Augusta and Bangor. SECT. 20. Such originals or copies shall be open for inspection and copying at all times, when the land agent or his assistant shall be in either of said offices; and they shall be exhibited at the places where, and during the time when, any of said lands are offered for sale; and the land agent shall aid in furnishing information to those, who are in search of it, in his office. SECT. 21. In any township or tract of land, where the land agent shall be of opinion, that there is a sufficient quantity of settling land to make it for the interest of the state to have a road laid out thereon, he may cause such road to be laid through the whole, or part thereof, as may best promote the settlement of the township or tract, and may expend, in making such road, whatever the lots on the road may sell for, over and above the price, which may be set on lots not on the road, but of the same quality; and such road shall be located before any of the land shall be offered for sale. CHAP. 3. SECT. 22. The land agent, under the direction of the governor Power of land and council, is authorized to sell public lands, and to give deeds in agent to sell public lands. behalf of the state, of all lands, which he may sell pursuant to law. SECT. 23. The land agent shall advertise the settling land in Mode of advermarket, once in each year, for two months, in one paper in Boston, one in Concord in New Hampshire, and in one paper, if such there be, in each county in this state, describing the quality and situation of the land, and the terms of sale. SECT. 24. All lands, lotted for settling, shall be sold to those only, who will perform settling duties, as prescribed in this chapter; the price to be fixed by the land agent, not, however, at a less price than fifty cents an acre: which price shall be fixed on each lot before the day of sale; three fourth parts of the price shall be paid within three years from the sale, in labor in making roads in such township, under the direction of the land agent, and the residue of the price to be paid in cash, within four years from the time of sale; provided, that in all townships where the state is not the owner of at least one half of the land, the several payments may be required in cash or labor, at the option of the land agent. tising. 1835, 192, § 12. Terms of sale. 1838, 351, 1. 1835, 192, § 6. may be sold for SECT. 25. The land agent is authorized to sell as settling land, Certain lots any lots of land not surveyed as such, but more suitable for settling settling, though than timber lands, in which case, the large lots shall be considered not surveyed with that object. equivalent to four settling lots, and shall be subject to the same Resolves 1839, settling duties. SECT. 26. The purchaser of one lot shall be required to clear, in a proper manner, fifteen acres thereof, ten or more of which shall be well laid down to grass; and to build a house thereon, within four years from the purchase of the lot. 64. Purchaser to clear fifteen ahouse within cres and build a four years. 1835, 192, § 7. Duty of the purchaser of more 1835, 192, § 7. than one lot. SECT. 27. Any person, who shall purchase more than one lot, shall be required to clear ten acres, and lay down to grass the same proportion on each lot, and build a house on one of said lots within said term: but there shall not be sold, to any one person, more than Restriction. four of said lots in any one township or tract. a saw mill and SECT. 28. Whenever twenty, or a less number of individuals, Provision for shall each select a lot of land, not exceeding one hundred and sev- the erection of enty acres, in any township lotted for settlers, the same having no grist mill. mill within its limits, and shall give bond satisfactory to the land 1938, 354, § 2. agent, that they will, within three years from the time of said selection, erect, in a proper and substantial manner, a saw mill and grist mill on such lot, within said township, as shall be designated by the board of internal improvements, they shall be entitled to a deed of such lot, and each individual shall receive a deed from the land agent, of his respective lot, without any further consideration; conditioned, however, for his performance of the settling duties according to law. SECT. 29. Not more than five townships, excepting the settling No more than land, shall be sold in any one year. year, unless for settling. 1835, 192, § 11. five townships to be sold in a СНАР. 3. Public lands in incorporated towns may be sold by the agent. settling lands. 1835, 192, § 9. SECT. 30. Land belonging to the state, situate in any town now incorporated, or which may be incorporated, may be sold by the land agent, in the manner provided in the twenty fourth section. SECT. 31. All land, excepting settling land, shall be first offered for sale at auction, at the price set upon it by the land agent; and, 1835, 192, § 13. Mode of selling sixty days before any of said land is offered for sale, he shall give land, other than notice of the time and place of sale, and of the price and terms, and a description of the land, by advertising in the state paper, in one paper in the city of Boston, and in one paper, if such there be, in each county in the state, and the price fixed upon said land shall be the price he would sell for, provided he were authorized to sell at private sale; he shall have posted up in some conspicuous place the conditions of such sale, one of which shall be, that immediately after a lot of land is struck off to any bidder, he shall give said agent satisfactory evidence that he will comply with his bid; and if any bidder shall neglect so to do, the land shall be immediately again offered at auction, as before. Terms of pay ment. 1835, 192, § 10. Payments to be sold whether ses. SECT. 32. If the price fixed on by the land agent shall not be offered by any one, he may at any time afterwards sell the same at private sale, but not at a less price than that, at which it was offered for sale; and if any of such land should remain unsold twelve months from the date of said advertisement, he may fix a different price upon the same, and proceed to advertise and sell, as in the first instance. SECT. 33. In the sale of all land belonging to the state, excepting to settlers, the land agent shall require of the purchaser one fourth part of the purchase money in cash, and the remainder in cash, or in three equal payments with interest annually, at the option of the purchaser. SECT. 34. If the land sold be settling land, the annual payments secured for land shall be secured by good and sufficient surety or sureties, or by for settling or retaining a lien thereon, by the terms of the land agent's deed; and for other purpo- if the land be of any other description, then the annual payments shall be secured by retaining a lien thereon, and by notes, with two or more sureties, to the satisfaction of the land agent; and the liens above mentioned, being so retained by the terms of the agent's deed, shall be equivalent to a mortgage of the same land to the 1832, 30, § 2. 1835, 192, § 10. state. Land agent to SECT. 35. The land agent is hereby authorized to execute deeds execute deeds in behalf of the state, conveying any lands, which have been, or of lands granted by the legisla- may be, granted by the legislature, so soon as the grantees have complied with the conditions of their respective grants, and collect all sums now due, or which may become due, from any of the sources mentioned in this chapter. ture. 1828, 393, § 5. He or his assist precepts on SECT. 36. The land agent, or his assistants by him authorized ants may serve in writing, may serve any precepts on trespassers upon the public trespassers. lands of this state, or of the commonwealth of Massachusetts, or Resolves, 1829, both, wherein this state and said commonwealth, or either of them, may be parties. 32. SECT. 37. The land agent is empowered and required to carry into effect the provisions of a resolve respecting the sale, disposition and management of the public lands, belonging to the commonwealth |