The weekly north Iowa times. [volume] (McGregor, Iowa) 1857-1867, 1858-06-09
McGREG0R, IOWA, WEDNESDAY, JUNE 8, 1858,

trial the said town hip trustees shall be competept vii
nesses The court may make such order in the premise
shall be agreeable and calculated the schoc
lands from waste or destruction and may adiudge dam
ages to the township trustees against the party for
done in such cases, the cost shall abide the
of the suit and the damages shall be paid the count
and constitute part of the permanent schoe
fund.
made applicable to all purchasers of Universit
lands and borrowers Of money from the Uniyersit
fund.
81 1t shall be the duty Of the Register of the stat
land Office to transmit to the county judge of eac
coun-y in which any rart of the 100000 acre gran
may be situated, list of all of said lands in his county
with the appraised value of each tract, stating wha
tracts or parts of tracts have been sold and what
mains unsold, and it shall be the duty Of the count
judge receiving such lists forthwith furnish the tru-
tees Of the several townships in his county with
list of all the unsod lands in each, and thenceforth
shall be the duty Of the county Judge and the
trustees to have the same charge and Of ad land
as OF section fifteen, "a provided in this act but the
count OF the proceeds of the sale and the income
sing thereom shall be kept and rendered to the Aud
Of State separate from the proceeds and income from
section fifteen.
%. When, in the opinion Of the county Judge ant
township trustees of any township it may be
to have any portion of the school lands stated in thi
act within any township in his county surveyed he
they may employ the county surveyor for the purpose
who shall be paid out of the county treasury upo1
proof made of the request and performance OF the
vice.
23 The permanent school fund shall be loaned ou
from time to time hereinafter provided as the same
may come into the hands of the county treasurer bu
loan to any person or company shall exceed the
Of five hundred dollars nor shall any loan be mad
for less time than one year nor more than five years
"a. The payment ofAhe money thus loaned anC
the interest thereon, shall be secured by promissor,
note to be executed by the oanee with two good
ties and by mortgage real estate of the clear unn
numbered value of double the amount Of money loan
ed, which real estate be situated in the COUNTY
where such loan is made.
25. The value of real estate proposed to be evct
in security for money loaned as herein provided shal
be fixed by three appraisers under oath, to be appoint
cd by the county judge who shall be allowed thereto
the sum of fifty cents each, to be paid by the loanee
and the oanee SHALL in all cases pay for recording h
mortgage taken to secure such loan:
20 When any person or persons wishes to effect
loan Of the permanent school found he or they shall
make application to the county Judge of the proper
county, and if in the opinion of the said judge, sait
loan would be to the interest of the school fund said
judge shall order the necessary papers the security
OF said loan to be made out required by section
tyve Of this act, and when said papers are made out
they shall be presented to the said county Judge anC
if he approves the he shall endorse thereon the
word accepted and sign his below the same and
then return the note to the maker makers thereof
who shall present the same to the county treasurer
said county who shall pay to the person presenting it
out of the principal of the school fund in his possession
the amount tor which said note calls and file said nott
among the papers of his office. And said count,
judge shall file the mortgage among the papers of hi
Office.
p. The office Of School Fund COMMISSIONS. is here
by declared abolished from and after the first day
October next.
2 %. During the month Of October next after tn,
taking effect OF this act each person holding tn,
Office of school fund commissioner of each of the sev
eral counties of this state shall make full and com
plee settlement of the affairs and business of the sait
Office with the county judge and treasurer of his
ty. and shall deliver to such county treasurer all mon
eys notes and bonds and assets of every kind and de
cripton and shall deliver all books and mortgages and
papers not required to be delivered to the county
surer, to the said county judge.
229. Said settlement shall be shown or evidenced
by settlement sheet whereon shall be entered in prop
er form a full and accurate account of the doings OF
such school fund commissioner with the proper debts
and credits of principal and interest due from sucf
school fund commissioner, said settlement sheet shall
also contain full and accurate list and statement
all books, papers, moneys, noes bonds morgag ant
assets of kind and description delivered hy sucl
school fund commissioner to such county judge and
treasurer and to which delivered which lit and state
ment shall contain brief and pertinent description
all such books papers, booknotes. bonds and assets
and also any facts within the knowledge of such Schoo
fund commss material to the safety of the scoo
fund.
80. In any books, papers money. bonds mort
cages, or assets Of every kind description belonging
to such school fund commissioner, not in his pos
session at the time of such settlement, he shall have
entered upon the said settlement sheet brief and per
tnent description thereof with the why the
is not in his possession and where and how it b,
obtained.
81. SAID settlement sheet shall be done in tripi
cate and signed by such school fund commissioner
county judge and treasurer and there shall be append
ed to each affidavit of such school commissioner
stating said settlement sheet contains full complete
and accurate account of his doing such school fund
commissioner. and complete list of all books, papers
moneys notes, bonds mortgages and assets of every
kind and description that pertained to said office
whether in his possession within his knowledge
rial to the safety OF the school fund.- of said settle
ment sheets shall be delivered to such school fund
one to said county judge, and the third shall
be forwarded to the state auditor.
80. From and after the first day of October next
after the taking effect of this act all payment of prnc
pal and interest of the school fund shall be made the
county treasurer of the proper county, and upon the
payment of any money to him account of the schoo
fund.- he shall duplicate receipts therefor speci
flying whether the same is for principal interest. The
person receiving such duplicate receipts shall mued
atey deliver them to the county judge, who shall en-
dorse of them the words :'dupicate surrender
ed with his Hereunder written, and shall return
it to the person presenting the and the other shall
be filed among the papers of his office, and receipt
executed by county treasurer aoresa aid shall b,
held as evidence of payment without such endorse
ment.
33. Each county treasurer shall Immediately, upon
receiving any moneys belonging to the school fund.- un
der the provisions of this act, enter upon his books
proper account thereof distinguishing between prncp
and interest," and shall also enter thereon all bonds
notes and assets of every kind and description showing
that money due to the school fund, distinguishing be
tween principal and interest and from time time
and intelgible statement Of the school fund in hi
hands, and ssid books shall at all times be opened
the inspection examination of any householder
payer in his county.
34 Each county Judge shall keep in his office an
account with the treasurer of his county. charging
thereon all moneys, notes. bonds and assets Of every
kind and description delivered such by tn,
school fund commissioner hereinheore provided and
all moneys paid to such treasurers shown by receipts
ented for endorsement herein before distinguish
ed between principal and interest and shali on the first
day OF February OF each year make complete settle
ment with such treasurer, of such school fund
Said account shall all times be open to the inspection
and examination of any household tax payer of h
county.
35. If upon settlement with any fund commissioner
her elm provided, it shall be that he
any of his predecessors in office detauers to thu
school fund.- the county judge and treasurer of the
county shall give the necessary information and paper
to the district attorney of that judicial district who's,
duty shall be to prosecute the necessary suit
for the amount OF the delcation if in his opinion thu
same can be recovered by such proceedings and il h
should be Of opinion such recovery cannot be had HI
shall file with such county judge his written opinion
that effect, and his reasons for that opinion.
36. Ii in any county The Office of school fund com
missioner shall be vacated at the time when this &C
takes effect the treasurer and judge of such COUNTY
shall Immediately take such steps as they may deem
necessary to reduce to their possession all books mon
notes, bonds, mortgages and assets OF every kin,
aud description belonging to such vacant Office AMI
or suits as the district attorney for such county
deem necessary. written statement Of all books pa
pers, moneys, notes bonds, mortgages and
duced to possession by such treasurer and judge shal
be made by such treasurer and county Judge of sucf
county similar in substance to the settlement shee
hereinbefore required, which shall be dene duplicate
fed by their aidayits of which shall be deposited
with such county Judge the other forwarded the audi
OF state as herembeiore provided.
81. II any school fund commissioner shall negec
or refuse to make the settlement herein provided
treasurer and county judge of such county shall pro
ceed as provided in section 3D. in wherein the of
flee Of school fund commissioner is vacant or the com
missioner negects refuses make settlement here
IN provided the county treasurer shall suit to IL
brought on the official bond OF such commissioner un
less the prosecuting attorney district attorney or h
county shall be of opinion that such suit viii be useless
in which case such attorney shall file in the office of h
therefor.
80. 1t is hereby made the duty of the superuten
dent Of public instruction to transfer to the auditor
state all books, papers, and documents relating to tn
school fund now remaining in his office, and to transfe
to the register OF the state land office all books paper
and documents rslatng to the school and unversit,
land.
80. This act shall take effect aud be in force fron
and after its publication in the Citizen and Iowa Stat
journal.
STEPHEN b. SHELLEDY.