The Buchanan County guardian. (Independence, Buchanan County, Iowa) 1858-1864, 1860-07-17
L A w S OF low A
Published BY Authority
CHAPTER l62.
AN ACT, providing for the management Of the
School Fund and the sale of the school lands.

L.
sembl q Of the State of Ioma, That the following
. are hereby declared to be and remain perpetual
funds for common school purT oses, the interest
of which only, can be appropriated.
lst-The five per cent upon the net proceeds
of the public lands in the State of Iowa.
2nd-The proceeds of the sales of the five
hundred thousand acres of land, which were
section of the act of Congress, passed September
the 18th A. D., ,le4l, entitled an act to appro
pirate the proceeds of all sales of public lands,
and to grant pre-emption rights"
3d-The proceeds Of all sales of intestate es-
tates which escheat to the State by reason of
their being no heir.
The proceeds of the sales of the sixteenth sec-
ton in each township of the State, or lands Sc
lected in lieu thereof.
SEC. 2. The following are declared to be and
remain temporary funds for commmon school
purposes, to be received and appropriated an
nually In the same manner as the annual
interest of the perpetual fund
1st-All forfeitures of ten per cent which by
laws OF this State, are authorized to be made for
the benefit of the school fund.
2d-The proceeds of all fines collected In tbs
State for violations of the penal laws.
3d-The proceeds of all fines collected for the
non-performance of military duty.
4th-The proceeds of the sales of lost goods
and esirays.
SEC. 3. The FIVE per centum of the nett pro-
ceeds of all sales of the public lands in the
/ State, is hereby made payable to the State
Treasurer, whose duty it shall be to apportion
the same among the several organized counties
, in this State, taking into consideration the
amount OF the permanent school fund already
in possession of said counties, 50 that each coun-
ty may hold an amount of school fund proper
, tiorate to its population.
SEc. 4. Those portions of the permanent
School Fund enumerated in the second and
fourth sub division of section one of this act,
are hereby made payable to the County Treas
, urer of the county in which the lands sold are
situated, and the proceeds of sub division third
!, of section one of this act are made payable to
the Treasurer Of the County where said escheat-
, ed estates are.
, SIC. 5. The temporary funds enumerated in
! section two of this act are hereby made paya-
!, BILE to the County Treasurer of the several
, counties in which they incurred or arise re-
, spectively, which shall be accounted fol to the
, Board of Supervisors of said county who shall
, apportion the same among the several school
, districts of said county. as provided by law.
SEC. 8. On the first Monday of March an
!, nually, the State Auditor shall apportion the
interest of the permanent school fund among the
several organized counties of this State, in pro-
portion to the number of persons between five
, and twenty one years of age in each, and in
order TO enable him to make such apportion-
ment, it is hereby made the duty of the Secre-
{ tary of the Board of Education to report to
? said Auditor on the first Monday Of FEBRUARY
annually, the number of such persons in each
organized county as shown by the reports from
the several county Superintendents
) SEC. 7. The Clerk Of the District Court
, shall annually, on the first Monday of Februa-
ry make out apd transmit to the State Auditor
a report of the amount of interest then in the
hands of the Treasurer of said county and alst
the amount remaining unpaid. if any.
SIC. s. The State Auditor shall keep tht
= school fund accounts in books provided for thai
= purpose, separate and distinct from the revenu,
books, and Immediately after making the appor
tionment required by section six of this act, shall
notify the CleIk of the District Court of each couu
ty of the sum to which his county is entitled by
said apportionment, and in those cases where the
counties have less fsuch interest than they are
entitled to by the apportionment, he shall 10y such
, notice authorize the Treasurer Of each of such
counties to transfer the amount of such deficiency
from the Site revenue in his hands to such in
terest fund, and said notice shall be filed by th,
Treasurer and be his proper voucher to the Stat,
= for the amount of State revenue SO transferred
And in those cases where the counties have an
excess of such interest over the amount appor
toned to each, and such notice shall authoriz,
the County Treasurer to transfer such exces.
4 from the interest fund To the State Revenue, and
such notice shall he filed and be his proper vouch
er for such smount of the interest fund, and such
excess 50 transferred shall be paid into the STATE
Treasury as revenue.
SIC. y. The Board of Supervisors may, a,
such time as they deem best, authorize the town
! ship trustees OF any organized township, wherC
I the sixteenth section, or land selected in lieu
, thereof, has not been sold, 10 lay out the same
or cause it to be done, in such tracts as in their
Judgment will be for the best interests of the
school fund conforming as far the interests OF
said fund will permit, To the legal subdivisions
OF the United States surveys and they shall ap.
praise each tract at what they believe to be its
true value, and certify To the Board of Superyi
{ sors the divisions and appraisenents made by
a them; said division and appraisement shall Ia
approved OF disapproyed 10y said Board at their
first meeting after such report, and in ease they
disapprove the same, they may Mt once order an
other division and appraisement should they
: deem il best. In all eases where the Board O
!, Supervisors approve of any division and ap
pralselneut of school lands, 1t shall be the duty
of the Clerk Of the District Court To make aud
Q keep record of such division, aprraisemen'
and approval
SEc. 40. Whenever the Board of Supel visors
shall deem it best TO Offer for sale the sixteenth
section, or lands selected in lieu thereof or any
portion of the same. or any part of the 500 pJt
, acre grant, IL shall be the duty of the Clerk o
the District court To give Mt least forty days no
uce py written or printed notices lp~ted IN nN'
:. public places in the county two Of which shall
5 be in the township in which the land TO be sol,
is.situated and shall also publish notice o
said sale fer four weeks preceding the same ii
II newspaper. should one be published in th'
I county; if thers is none published in said eoun
y ", then IN the newspaper authorized by th
Board Of Supervisors; and shall describe Lh
land 10 be sold, and state thu time and place .
sale, then at such time and place. or at suel
. other time and place AS the sale may be adjourn
, ed TO- he shall offer to the highest bidder, sub
. jet 10 the provisions Of this act and shall sci
Z IT upon the following terms viz: Either fo
: cash. or one third Of the purchase money TO b
u paid at the time of purchase. anl the halanc
II on credit not exceeding ten years, with inter
u est on the same at the rate If ten per cent. pc
annum, said interst To be paid at the office {
the County Treasurer fsail county. ON the firs
day OF January in each and every year but i
no ease shall the land offered b. sold for les
( than ITS appraised yalue-nor shall any men
ber Of the Board of Supervisors the Clerk of ia
District Court, any township trustee OF any lsI
Y SON who engaged in the division aud al
y praisemcnt of said hand be directly or indirect
IL Interested in the purchase thereof. aud an
. sale made. where such parties or any ri them al
~ nter sted. shall be void aud Of no ell ct
:" IL Ii amy purchaser shall pay the who
amount nf tha puesh,sa monav at tLe time