The Topeka state journal., 1909-03-08


praised value: Provided. That if there
be an appeal pending from the decision
land in ,contreversy @ shall -' not be sold so aG o.
advertised by the county treasurer until
Sec schooi distrot on sI iI be enptited
to purchase and acquire for school house
site, not exceeding two acres of any school
tract shall be situated on one of the boun-
dary lines of the section or cross center
such land by the said school district shall
be two dollars an acre, and upon presen-
tatIon to the county clerk of petition
signed by majority of the legal voters
of the school district, and the payment
of the purchase price to the county treas
said school district a certificate of pur-
chase Upon the. presentation Of said
state, he SHAH @ cause is;ese to y be us issued pa
tent Tor said land. but said certificate
Of purchase and said patent, shall reeite
trtct to use said land for school purposes,
the title thereof shall be forfeited and re-
vert to the state of Kansas.
Sec. 8. The county clerk shall semian-
nually on the first days of January and
July. of each year prepare and transmit
to the state auditor an abstract of the
lands for which he has issued certificates
during the preceding six months, which
of each tract, the amount of the purchase
money and the amount paid on each tract,
chase and the date of the issuance of the
certificates; also an abstract of payments
OF principal ana interest sales made
prior to the preceding six months, which
abstract shall give the legal description
of each tract, the. party to whom sold.
the date of the sale and the date of the
payment and the amount paid, principal
and interest given separately; also an alb
stract of the orders paid by the county
treasurer during the preceding six months.
which abstract shall give the date, num-
Der and amount of each order paid, the
name of the party to whom the order was
issued and the date when each order was
paid. Before Transmitting such abstracts
49, - II
submit the same to the county treasurer
who shall attest each abstract and shall
certify thereon that the amounts set out
therein were collected or paid by him
as the case may be. If no money has
been collected by. the county. treasurer
during any preceding six months period,
the county clerk shall certify upon such
abstracts that no moneys have been col
lected and transmit such abstracts in the
same manner as if payments had been
made. Any county clerk in any county
in which there are school lands Impatient
ed who shall fail or neglect to make the
abstracts provided for in this section shalI
be deemed guilty of nlisdemeanor and
upon conviction thereof shall be fined in
a sum not exceeding one hundred dollars
and the county attorney or the attorney
general is hereby authorized 70 prosecute
Sec. 10. Upon the receipt of the alb
stracts of the county clerk by the state
the treasurers in the state with the
amount of moneys received, principal and
interest separately, as shown in said alb
stracts, and upon the payment of the
same to the treasurer of state and the
pFeSentati9f Of the treafurerS receipts 7Et
the amount of the same. The auditor
shall also credit the. several treasurers
with the county clerks orders paid as
shown by such abstracts.
Sec. II. Each county treasurer shall be-
ary and July of each year pay to the
state treasurer the amount of principal
and interest collected by him during the
preceding six months from the sale of
school lands, which amount shall be the
total sum of principal and interest col
lected by him as shown by the county
clerks abstracts to the state auditor. af-
ter deducting the amount paid on county
shall wiilfuliy fail or NEGLECT to nav to
the state treasurer all moneys required to
be paid by the provisions of this section
and upon conviction thereof shall be pun
ished by imprisonment in the penitentiary
by fine not to exceed five hundred dol
lars. The county attorney or the attorney
sfInb A - IN +5 ~ 10 20 prosecute
Sec. - Any purchaser of school lands
who shall fail within ten months after
the taking effect of this act to make any
payment of interest or principal due and
unpaid at the time this act takes effect.
shall forfeit all right, title and interest
purchase, and the same shall at the expir-
alton of such ten months period be open
chaser of school land who shall hereafter
fail to pay the annual interest within
or the balance of the purchase money
within ten months after it becomes due
shall at the expiration of such ten months
period forfeit all right. title and interest
in and to such land by virtue of such
purchase; and such land shall Immediate
Such defaulting purchaser shall at the ex-
piration of such ten months period be
considered trespasser on such land, if a
resident thereon, and ejectment proceed
ings may be brought against such default
ing purchaser by the county attorney or
attorney general n Of kho
state or by any bona fide settler or pur-
chaser of such land.
Sec. Is. Each appraiser of school lands
shall receive two dollars per day for the
time actually employed in viewing such
land and in going to and returning from
notice of sale of school land shall be al
lowed legal rates The sheriff shall re
eeive for his services the fees allowed
by law for similar services. The probate
Judge shall be allowed for his services
as follows; verification of petition, TWEEN
ty-f1Ve cents; filing petition. five cents;
entering application on docket with order
fixing time for hearing. Twenty-Five cents;
ton, forty cents; certificate and seal to
of publication. twenty-five cents;
taking testimony in writing of the claim
ant and three witnesses, with seal and
certificate to each, seventy-five cents; re-
cordlng testimony of claimant and wit |
nesses. one dollar and ten cents; certifi- |
cate OF right to purchase, twenty-five
cents; recording four folios in sales book
forty cents; journal entry, ten cents per
folo Tor not to exceed four folios, forty
cents; making three index entries fifteen
Gents, zen Al other fees provided for by law
Tor services in connection with the sale
of school lands shall be paid by the party
the service: Provided, That the
county clerk and county treasurer shall
not be allowed to charge a fee for any
service performed in connection with the
sale OF school lands. Amy person perform
ing any service for which a fee is allowed
under the provisions of this section shall
file sworn itemized voucher with the
county clerk of the county in which such
any such voucher the county clerk shall
transmit the same to the state auditor
who shall audit such voucher. The state
auditor shall endorse on such voucher
the amount allowed by him and return