The opinion of the court was delivered in 1840, and it was held, that until the incorporation of the township takes place, the fee of the land in the public lots is in abeyance, and the state by virtue of her sovereign power is entitled to the care and custody of the same, until the fee shall vest in those for whose benefit the grant was made. (See State vs. Cutler, 16 vol. Maine Reports, page 349.)

In 1842, the care and custody of the reserved lands were transferred to the county commissioners of the several counties, wherein such lands were situated, and they were empowered to cause said lands to be run out and located where locations had not taken place.

In 1845, the county commissioners were authorized to grant permits for cutting timber on the reserved lands and to pay over the proceeds to county treasurers; and in 1846, they were authorized to invest the funds arising from the sale of timber on the reserved lands, in town, county, and state securities, and in certain cases, to pay over the interest to organized plantations.

Under the decision of our supreme court, before mentioned, the state holds these public lots as trustee for certain beneficiaries, under the provisions of the constitution and the laws of the state, and it is clearly manifest that it has no right to delegate this trust to others, as it alone is responsible for their management, until those shall come into existence for whose benefit the reservations were made. When the inhabitants of those townships become incorporated, in which public lots have been reserved, they will look to the state alone for the forthcoming of such amounts as may have been realized from the sales of timber taken from said lots, and will not consent to be turned over to other corporations or persons, who may have misapplied or lost the funds.

It is well known that a large proportion of these townships containing public lots, will never be incorporated, as they are valuable only for timber; hence the importance of having the amounts realized from the sales of timber placed in the state treasury, where it will enure to the benefit of all the citizens of the state, and not

to the citizens of the particular counties in which such lands may lie.

In regard to those townships belonging to the two states, either jointly or separately, in which public lots are hereafter to be set out, it is believed that there is a peculiar fitness in having the care and custody of the same in the hands of the land agent, as he can dispose of the timber on such lots when he makes sale of the townships, and thereby save great expense.

It will be seen that the amount eventually to be realized from the sales of timber upon the public lots, must be very large, and that by the existing laws the county commissioners have the control of such funds without giving any bonds, as is usual in the case of receiving and disbursing officers, and it is believed that the several counties who may hold and be responsible for these funds, will in the end, be more embarrassed than benefitted by the use and custody of the same.

No separate account has been kept by any county of the funds arising from the different public lots, and as all the elder grants contain specific reservations for the use of the ministry, and as the constitution provides for a similar use of a portion of the lots in subsequent grants, and as it is doubtful whether the legislature can divert the same from the original destination; hence, when the townships containing reservations shall be incorporated, the inhabitants have no means of knowing what amount of money has accrued from the school lots, or from the lots appropriated to the use of the ministry.

Having a land agent to take care of the public lands, and seeing no difference between the public lots and other public lands, so far as the state is concerned, they think the care and custody of the same should be placed under the control of the land agent, and the amounts realized from the sales of timber on such lots, should be

paid into the state treasury.

With these views, they respectfully submit the accompanying bill.

ELIJAH L. HAMLIN,

S. K. GILMAN,

WILLIAM GOODENOW.

STATE OF MAINE.

IN THE YEAR OF OUR LORD ONE THOUSAND EIGHT HUNDRED AND FORTY-EIGHT.

AN ACT in relation to lands reserved for public uses.

Be it enacted by the Senate and House of Representa

tives in Legislature assembled, as follows:

SECTION 1. In all unincorporated townships or 2 tracts of land sold or granted, or which may be here3 after sold or granted by the state, or the common4 wealth of Massachusetts, or by both jointly, in which 5 lands have been, or may be reserved for public uses, 6 the land agent of the state shall have the care and 7 custody of such lands, and protect them from strip or 8 waste, until such township or tract shall be incorpo9 rated.

SEC. 2. When there is valuable timber or grass 2 on a township, or tract containing such reserva3 tions, whether the same be located or not, which is 4 being taken off, or liable to be taken off by trespass

5 ers or others, the land agent shall sell at public auc6 tion, the right to cut timber and grass upon said re7 served lands, until said township or tract shall be 8 incorporated, he giving notice of the time and place 9 of sale, in the state paper, and also in one newspaper, 10 if any there be, in the county where said lands are 11 situated, three weeks successively, the last publica12 tion to be at least twenty days before such sale.

SEC. 3. Where such reservations have not been 2 located, and the timber and grass upon them are sold 3 as before mentioned, the purchaser may apply by 4 petition to the district court in the county where such 5 lands are situated, requesting that such reservations 6 be located in severalty, and on such petition the same 7 proceedings shall be had as are provided in chapter 8 one hundred and twenty-two of the revised statutes, 9 on application of the assessors of any town or planta10 tion, except as is hereinafter provided.

· SEC. 4. In all cases of petition hereinafter filed 2 for the location of public lots, public notice of the 3 pendency of such petition shall be given before the 4 appointment of the committee, by publication in the 5 state paper, three weeks successively, thirty days be

6 fore such appointment, and in such other manner, as 7 the court may direct, and the committee shall give 8 similar notice of their appointment and time and place 9 of meeting to execute the same, and no other notice 10 shall be required; and in any such petition, different 11 townships or tracts of land may be embraced and 12 proceedings had to final judgment, in the same man

13 ner, in relation to each parcel, as would be proper, 14 each parcel was contained in a seperate petition.

if

SEC. 5. Whenever any township or tract belong2 ing to Maine or Massachusetts, or to both jointly, 3 shall be sold, in which lands have been reserved for 4 public uses, it shall be the right and privilege of the 5 purchaser of such township or tract, to purchase the 6 right to cut timber and grass upon such reserved 7 lands, until such township or tract shall be incorpo8 rated, whether the same be located or not, upon the 9 same terms and price, per acre, at which the pur10 chase was made of the residue of said township or 11 tract, and in case such purchaser shall decline and 12 refuse to make such purchase, then it shall be the 13 duty of the land agent to make sale of said right to 14 cut timber and grass on said reserved lands, under