Year: 1860

..,- Usa..9 CHAPTER 162.


AN ACT, providing for the Management


of the School Fund and the sale Of tn


school lands.


SECTION l. Be 1t enacted by tie Gene
raj assembly Of the State Of Iowa, Tha
the following are hereby declared to be ane
remain perpetual funds for common schoo
purposes, the interest of which only, can bt
appropriated. :


1st-The five per cent upon the net pro
ceeds of the public lands in the State o
Iowa.


2nd-The proceeds of the sales of the
five hundred thousand acres of land, "h,cn
were granted to the State of Iowa. under
the eighth section of the act Of Congress-
passed September the 4th, A. D., lo4,'
entitled IAN act to appropriate the proceeu.
of all sales of public lands, and 10 grant
pre-emption rights.


3d-The proceeds Of all sales Q! in'es-
tate estates. which escheat to the State by
reason of there being no heirs.


4th-The proceeds of the sales Of the six
esenth section in each township of the State,
or lands selected in lieu thereof.
SIC. 2. The following are declared to
be and remain temporary funds for com
mon school purposes, to be received and
appropriated annually in the same manner
as the annual interest of the perpetual
fund.


lst-All forfeitures Of ten per cent which
by the laws of this State, are authorized to
be made for the benefit of the school fund.


2nd-The proceeds Of all fines collected
in the 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 estrays. ..


Sec. Sd. Tie five per centum Of the
net proceeds of all sales Of the public lands
in the State, is hereby made pay able to the
State Treasurer, whose duty it shall be to
apportion the same among the several or
ganized counties in this State, taking into
consideration the amour, of the permanent
school fund already in possession of said
counties, so that each county may hold an
amount of school fund proportionate to its
population.


SEC. 4. Those portions Of the perma-
nent School Fund enumerated in the second
and fourth subdivisions of section one Of
this act, are hereby made payable to the
County Treasurer of the county in which
the lands sold are situated, and the proceeds
ofsub-division third of section one of this
act are made payable to the Treasurer of
the County where said cscheatcd estates
are.


SEC. 5. The temporary funds cnumer-
ated in section two of this act are hereby
made payable to the County Treasurer Of
the several counties in which they are ill
cured or arise respectively, which shall be
accounted for to the Board of Supervisors
ofsaid county, who shall apportion the same
among the several school districts of said
county, rs provided by Jaw.


Sec. 6. On the first Monday of March
annually, the State Auditor shall apPortion
the interest Of the permanent school fund
among the several orsanlZed counties "t this
State, in proportion to the number of per-
sons between five and twenty-one years of
age in each, and in order to enable him to
make such apportionmenti it is hereby made
the duty of the Secretary 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 Superintendent.


SEC. I. The Clerk the District Court
shall annually, ON the first Monday of Feb
ruary make out and transmit to the State
Auditor, a report of the amount of interest
then in the hands of the Treasurer of said
county. and also the amount remaining un-
paid, if any.


SEC. 8. The State Auditor shall keep
the school fund accounts lit books provided
for that purpose, separate and distinct from
the revenue books, and Immediately after
making the apportionment required by sec
ton six Of this act, shall notify the Clerk
of the District Court of each county of the
sum to which his county is entitled by said
apportionment, and in those cases where
the counties have less of such interest than
they are entitled to by the apportionment,
he shall, by such notice authorize the Treas
urer of each of such counties to transfer the
amount of such deficiency from the State
revenue in his hands to such interest fund,
and said notice shall be filed by the Treas.
urer, aud be his proper voucher to the State
for the amount of State revenue SO trans
ferred. And in those cases where the conn-
ties have an excess Of such interest over
the amount apportioned to each, and such
notice shall authorize the County Treasurer
to transfer such excess from the interest
fund to the State Revenue, and such notice
shall be filed and be his proper voucher for
such amount Of the interest fund, and such
excess so transferred shall be paid into the
State Treasury as revenue.


Sec. 9. The Board ofSupervisors may,
at such time as they deem best, authorize
the township trustees of any organized
township, where the sixteenth section, or
land selected in lieu thereof, has not been
sold' to lay out the same, or cause it to be
oone, IN such tracts as, in their judgment,
w'ii De Tor the best interests of the school
iund, conforming as far as the interests of
sa'a i""d VIII permit, to the legal sub-di-
visions OF the United States surveys and
they shall appraise each tract at what thew
believe to be its true value, and certify 70
the said Board of Supervisors the divisions
and appraisemcnts made by them; said d.
vision and appraisement shall be approved
or disapproved by said Board a. their first
meeting after such report, and in case they
disapprove the same, they may at once or
deranother division and appraisemcnt sho'd
thew deem IL host In all cases where the