The Iowa transcript. (Toledo, Tama County, Iowa) 1858-1866, 1860-11-08

money NJ the Time OI the purchase,
the Clerk of the District shall forth
with issue a certificate of purchase,
setting forth that fact which shall be
transmitted to the State Land Office,
and entitle the purchaser 20 a patent
which shall be issued by the Govern
or.
sl2. In case the lands arc pur-
chased upon partial credit as here
inbefore provided, the contract shall at
once be reduced to writing, signed by
the parties, and recorded in the Office
of the Recorder, after which it shall
be filed in the Office Of the Clerk OF the
District Court, and during the contin-
uance Of such contract, it shall be law
full for such purchaser, his heir or as
slgnee, at any time to pay the princi-
pal and interest due upon such con-
tract, and receive certificate of pur-
chase, as mentioned in the preceding
sccti6if.
5 l3. When IN the judgement Of
the Board Of Supervisors. any school
lands which they are about to offer for
sale, are of suc,. character that sale
upon partial credit would be unsafe or
ncom patible with the interest Of the
fund, end especially in the case Of
.timbered lands, the Board Of Superyis-
'ors may, in their discretion, exact tie
whole of the purchase money in adj
vance; or if they sell such land upon a
partial credit, as hereinbefore prescrib-
ed, it Shall be Their duty to require
good collateral security for the pay
ment of the purchase money upon
which credit is given.
sl4. Whenever any purchaser Of
any school lands sold under the pro-
visions Of this act, upon partial cred
it. or any to whom a portion of the
school fund has been loaned, fails to
pay the interest upon the amount due
the school fund from him on the first
day Of January, and such payment is
not made within six months thereafter
then, and that case, the entire amount
both Of principal and interest owing to
the school fund from such person, shall
be deemed to have become due. and
the Clerk of the District Court shall
report the name of the delinquent, to-
gether with the SUM total due from
such delinquent to the District .Attor-
hey of his Judicial District, who shall
immediately commence suit for the
collection of the amount thus reported.
The provisions Of this section, in so far
as they provide for the principal owing
for the purchase Of school lands, or for
money borrowed from the school fund
becoming due and being collected at
an earlier day than that stipulated in
the contract, upon failure to pay the
interest, are hereby declared to be a
part of every contract made under and
by virtue Of this act, whether express
ed In such contract or tick
sl5. All school lands, the sale of
which are provided for under this act,
shall be subject to taxation from and
after the execution and delivery of the
contract to the purchaser.
s 1o. All contracts relative to the
sale of school lands provided for in
this act, shall be subject to such laws
as now are, or may hereafter be in
force in this State, relatiys to the pre-
vention or punishment Of waste.
Sl7. It is hereby made the duty Of
the township trustees in each township
to see that no waste be committed up.
on any school lands lying in their
township, and in case any such waste
be attempted, it shall be their duty to
apply by petition to the District Cour,
or to any Judge thereof, for an injunc
tion to stay waste, and the same il
granted, shall be without bond and
shall stand for trial first in order upou
the court dotket; the same shall be
tried in summary way, and upon
such trial the said township trustees
shall be competent witnesses. The
court may make such order in the
premises as shall be equitable and cal
culated to secure the school lands from
waste or destruction, and may sdjudge
damages to the township trustees;
against the party for injuries done in
such case !; the costs shall abide the
event Of the suit, and the damages
shall be paid to the county treasurer,
and constitute part Of the permanent
school fund.