to that time, including all moneys paid by him or them for the purchase of said lands, necessary traveling expenses, moneys paid for publishing and posting notices and proof thereof, and for all other necessary and proper expenses incident to such trust, and a true account of his or their reasonable charges for time and services employed in the business of such trust to that time, and all moneys by him or them expended and reasonable charges for compensation as aforesaid, which shall be and remain a first charge upon said lands in favor of the trustee, and paid by the several claimants entitled to such lands in proportion to the several quantities thereof to which they may be respectively entitled. [Section 3 above referred to is section 6486.] Legislation. Sec. 6502. Act of 1881 p. 245 § 19. G. S. § 3288, cited under § 6483. Framed on § 11 of Art. 12 R. S. Ch. 84 § 11 of Act of 1864 p. 144. 6503. Charges paid before deed-Deed, how executed. SEC. 22. Before said corporate authorities, through commis sioners hereinafter provided, or judge, shall be required to execute, acknowledge and deliver any deed of conveyance to any person or persons claiming to be entitled to said lands and deed therefor. for such person or persons shall pay, to him or them, through said commissioners, the sum of money chargeable on the portion to be conveyed according to the statement or account mentioned in section ten of this act, and in cases when the trust is held by corporate authorities, such additional sum as said corporate authorities may charge for the same, not exceeding five dollars for each five thousand square feet of such lands, and the further sum of one dollar for the execution and acknowledging of the deed, together with the sum of twenty-five cents for attestation, with the seal of the town by the town clerk. When the land is entered by a judge of the county court, deeds shall be signed by such judge, or his successor in office, under his private seal. [Section 10 above referred to is section 6493.] Legislation. Sec. 6503. Act of 1881 p. 245 § 20. G. S. § 3289, cited under § 6483. Framed on §§ 12 and 14 Art. 12 of R. S. Ch. 84. Secs. 12 and 14 of Act of 1864 p. 145. 6504. Board appoint commissioner to sell and convey-Remov al-Open office-Fees Bond. SEC. 23. Said board may by order, resolution or ordinance appoint a commissioner to sell and convey any such real estate, and to affix to any conveyance thereof the seal of such town, and have control of such seal for such purpose, and such conveyance executed in accordance with such order shall have the effect to transfer to the grantee named a title in fee simple to any such real estate so conveyed. Said commissioner may be removed at the will of the board as often as it may see fit, by an order entered to that effect, and a new commissioner appointed with like powers. Said commissioner shall be a freeholder in such town and not a member of the board, and have no personal interest in the lands so to be sold. Said commissioner shall, during his term of office, keep open an office in some public and well known place in such town, from ten o'clock a. m. till noon of each day, Sundays and holidays excepted. for the purpose of receiving payments from and executing deeds to persons who are entitled to deeds by reason of purchase and who have made improvements upon such lands as hereinafter stated. No claimant shall be allowed to suffer on account of the misconduct of such commissioner in the discharge of his duties. Said commissioner shall receive such reasonable fees for his services as said board may prescribe. Before entering upon his duties such commissioner shall enter into a bond, with good and sufficient sureties to be approved by the board, and in a sum to he approved by the board, executed in behalf of the town, with obligations to faithfully account to the board for all moneys received and to pay the same over to the town treasurer. Legislation. Sec. 6504. Act of 1881 p. 246 § 21. under 6483. G. S. 3290. cited 6505. When judge sign deed-Private sale to town. SEC. 24. When the land is entered by a judge of the county court, deeds shall be signed by such judge or his successor in office, under his private seal. Such judge shall make such conveyance by deed to said town at private sale, upon the payment by said town of the cost of the proceedings and sale. Legislation. Sec. 6505. Act of 1881 p. 247 § 22. G. S. § 3291, cited under 6483. 6506. Town clerk copy order and file with recorder-Record -Evidence. SEC. 25. The clerk or recorder of any such town shall at once make a copy of any such order, resolution or ordinance appointing any such commissioner, certified by such clerk or recorder under the seal of the town, and deliver the same without delay to the recorder of any county in which such town shall be situated. Such recorder shall file and record such copy, and the certificate thereof of such order, resolution or ordinance, and shall receive fees therefor at the same rate as for deeds. The record of such copy and certificate shall have the same effect in evidence as is now provided for the record of "Powers of attorney." Legislation. Sec. 6506. Act of 1881 p. 247 § 23 G. S. § 3292, cited under § 6483. 6507. Deeds to claimants-Not while adverse claims. SEC. 26. At any time after expiration of ninety days from the time of the first publication of the notice mentioned in section three of this act, the corporate authorities or judge shall, upon demand or request, and payment as required by section eleven of this act, execute, acknowledge and deliver to each and every claimant or association or company of claimants to such lands or any parcel thereof, a deed of conveyance therefor according to the statement made and deposited by him or them, pursuant to the fourth section of this act; Provided, however, That no such deed of conveyance shall be executed or delivered for any part, portion or share of such lands, to which there shall be adverse or contesting claimants, until the controversy thereon has been settled and determined in the manner prescribed in this act. [Section 3 above referred to is section 6486.] Legislation. Sec. 6507. Act of 1881 p. 247 § 24. G. S. § 3293, cited under 6483. 6508. When judge trustee and claimant, no deed required— Adverse claims. SEC. 27. In case any judge who shall have entered such land, and thus have become the sole trustee thereof, shall be possessed or entitled to any part or portion of such lands in his individual right, and his claim or right shall not be claimed adversely to him, he shall be deemed to be seized and possessed of the title thereto, and the estate therein to his own use in fee simple, absolute, free and discharged of such trust, and no conveyance other than the patent of the lands including the same shall be necessary to perfect his title thereto. But in case of such lands, or share in such lands so claimed by him in his individual right, shall be claimed by any person adversely to him, the conflicting claims between them shall be settled and determined by an action as provided in this act, and tried before some judge who shall be disinterested and possessed of complete jurisdiction for the trial thereof. Legislation. Sec. 6508. Act of 1881 p. 248 § 25. G. S. § 3294. 6509. Conveyance of streets. SEC. 28. Whenever the title to any such lands shall be vested in any judge he shall convey to the proper or legal authorities 20 much of the land as is or shall be laid out by the town authorities into streets, lanes, avenues, parks, public grounds and commons, within the time herein prescribed for making conveyances to individuals. But when the title to such lands shall be held by the corporate authorities of any town, all land used, laid out or designated for public uses by such corporate authorities, is streets, lanes, avenues, alleys, parks, commons and public grounds, hall vest in and be held by the corporation absolutely, and shall not be claimed adversely by any person or persons whomsoever, and it shall not be necessary to execute any conveyance for the same to the corporation or people of such town. Legislation. Sec. 6509. Act of 1881 p. 248 § 26. G. S. § 3295, cited under § 6483. Framed on § 19 Art. 12 of R. S. Ch. 84. § 19 of Act of 1864 p. 147. 6510. Payment by claimants-Three months-Failure-Forfeit-Purchases same. SEC. 29. Each and every person, association and company of persons who shall be entitled to any lots, pieces or parcels of land so held in trust by the authorities of any incorporated town, and respecting which there shall be no controversy, shall within three months after the expiration of the time for filing statements as provided in section three, pay to such corporate authorities the sum of money chargeable upon such piece or parcel of land, and the fees for executing a deed therefor, and in case of failure so to do, such person or persons shall be deemed to have relinquished all right, title, interest or estate therein, and such corporate authoɔrities shall thereafter be, and deemed to be, seized of the title thereto in fee simple, absolute, free and discharged of such trust, and no conveyance other than the patent of the lands including the same shall be necessary to perfect their title thereto; and also all persons, company or association of persons, who by the determination and judgment of the court shall be adjudged to have the rightful title to such lands, shall within three months after such adjudication and juagment, pay to such corporate authorities the sum of money chargeable on such lands together with fees for executing a deed to the same, and in case of failure so to do, such person, company or association shall be deemed to have relinquished all right, title, interest or estate in said lands, and such corporate authorities shall be, and deemed to be seized and possessed of the title thereto to their own use in fee simple, absolute, and no further conveyance shall be necessary to perfect their absolute title thereto. [Section 3 above referred to is section 6486.] Legislation. Sec. 6510. Act of 1881 p. 249 § 27. G. S. 3296, cited under $6483. Framed on § 20 Art. 12 of R. S. Ch. 84. § 20 of Act of 1864 p. 147. CITATIONS. The legislature was not authorized to change the character of the estate granted by the government; until disposed of, the townsite is required to be held in trust.-Aspen v. Rucker, 10 C. 187, 15 P. 792. Aspen v. Aspen T. & L. Co., 10 C. 204, 15 P. 801. 6511. Costs taxed. SEC. 30. All costs of proceedings in actions under this act including fees for service of all writs, and notices, and clerks' fees, |