schools, how

shall be made for the support of schools, and such other means as Donations for the legislature may from time to time set apart for school pur- support of shall form a part of the fund, and shall also be a loan on disposed of. poses, which the State shall pay an interest of six per cent. per annum. It shall be the duty of the treasurer of the State to apply annually, and to receive from the general government the said ten per cent. of moneys now due and to become due to this State, and to place the same, when received, to the credit of the proper fund, and to report thereon to each session of the general assembly.

D. Sec. 2957, 3809. Act 1855, p. 422.

Manner in

which the vote

on the sale of

Sec. 1314. It shall be the duty of the parish treasurer of the several parishes in this State to have taken the sense of the inhabitants of the township to which they may belong any lands shall be taken heretofore reserved and appropriated by congress for the use of school lands. schools, whether or not the same shall be sold, and the proceeds invested as authorized by an act of congress, approved February the fifteenth, eighteen hundred and forty-three, entitled "An Act to authorize the legislatures of the States of Illinois, Arkansas, Louisiana, and Tennessee, to sell the lands heretofore appropriated for the use of schools in those States."

Polls shall be opened and held in each township, after advertisement for thirty days at three of the most public places in the township and at the court-house door, and the sense of the legal voters therein shall be taken within the usual hours, and in the usual manner of holding elections, which elections shall be held and votes received by a district director of public schools or a justice of the peace; and if a majority of the legal voters be in favor of selling the school lands therein, the same may be sold, but not otherwise. The result of all such elections shall be transmitted to the parish treasurer, and by him to the State superintendent.

D. Sec. 2652, 2958.

made before

Sec. 1315. Before making sale of the school lands belonging Survey to be to the State, it shall be the duty of the parish treasurer, or other sale. persons whose duty it may become, to superintend the sales, to cause a resurvey of such lines as from any cause may have become obliterated or uncertain; and for this purpose he is authorized to employ the parish surveyor, or on his default, any competent surveyor; and the lines thus surveyed shall be marked in such manner as to enable those interested to make a thorough examination before sale, and all advertisements made for the sale of such lands shall contain a full description thereof, according to the original survey and that required by this section. The expenses of making the survey shall be paid by the auditor of pub- Expenses of lic accounts out of the proceeds of the sale of the lands on the paid. warrant of the parish treasurer.

D. Sec. 2653, 2959.

Sec. 1316. If the majority of the votes taken in a township shall give their assent to the sale of the lands aforesaid, the parish

survey, how

of the sale of

Manner, terms treasurer shall forthwith_notify the auditor of public accounts of and conditions the vote thus taken, and upon his order, the said lands shall be school lands. sold, by the parish treasurer, at public auction, before the courthouse door, by the sheriff, or an auctioneer, to be employed by the treasurer, at his expense, to the highest bidder, in quantities not less than forty acres, nor more than one hundred and sixty, after having been previously appraised by three sworn appraisers, selected by the parish treasurer and recorder of the parish, after thirty days' advertisement, but in no case at a less sum than the appraised value, payable on a credit of ten years, as follows, to wit: Ten per cent. in cash, and the balance in nine annual installments, the interest to be paid on the whole amount, annually, at the rate of eight per cent. per annum; the notes shall be made payable to the auditor of public accounts, secured by special mortgage on the land sold, and personal security, in solido, until final payment of principal and interest; in the event of the purchaser neglecting or refusing to pay any of these installments or interest at maturity, the mortgage shall be forthwith closed, and the parish treasurer is hereby authorized to advertise and sell the land as before provided for, and further authorized and required to execute all acts of sale on behalf of the State, for any such lands sold, to receive the cash payments and notes given for the purchase, which shall be made payable to the State treasurer, and to place the same in the office of the auditor of public accounts, for collection; all cash received, either for principal or interest, from said sales shall be transmitted by him to the State treasurer, and any moneys thus received into the State treasury from sales aforesaid shall bear interest at the rate of six per cent. per annum, and be credited to the township to which the same belongs, according to the provisions of the act of congress. The result of all sales made by the parish treasurer shall be forthwith notified by him to the State superintendent. The parish treasurer shall be authorized to receive the whole amount bid for the lands, deducting the eight per cent. interest which the credits would bear.

D. Sec. 2654, 2960.

Sec. 1317. The parish treasurers of the several parishes shall be entitled to retain, out of the proceeds of the sales of sixteenth Percentage to sections effected by them, a percentage of two and one-half per parish treas- centum on the amount of said sales, to be deducted from the cash payment, and the same be in full compensation of their services.

be received by

urer.

in certain

cases.

D. Sec. 2961. Act 1859, p. 27.

Sec. 1318. Should a majority of the legal votes be against the Lands leased sale of the lands, then it shall be the duty of the district directors, where the same may be situated, to secure them from injury and waste, and prevent illegal possession or aggression of any kind, and in conjunction with the parish treasurer, to lease the same, or any part thereof, for a term not exceeding four years, according to the provisions of the second section of the act of congress aforesaid, and to inform the State superintendent thereof.

Such lease shall only be made after due notice shall have been given by advertisement, for at least thirty days, at two or more public places in the township, of the time and place when the land will be offered for lease to the highest bidder. In all cases ample security shall be required not only for the punctual payment of the rent, but for the protection of the land from all and every kind of waste and injury.

D. Sec. 2655, 2962. Act 1855, p. 422.

Interest on

of.

Sec. 1319. All moneys that have been or may be hereafter received into the State treasury, and the interest that has or may certain funds, accrue thereon from the sale of any sixteenth section of school how disposed lands or the school land warrants belonging to the various townships in the State, shall be placed to the credit of the township, and should the people of any township desire to receive for the use of the schools therein the annual interest payable by the State on funds deposited to their credit, or the annual proceeds of the loans, the parish treasurer shall, on the petition of five legal voters in any such township, order an election to be held in the township, as provided for the sale of township lands; and if a majority of any number of votes above seven be in favor of receiving annually the accruing interest as aforesaid, the same shall be paid to the treasurer of the parish for the use of the townships or districts; otherwise the interest shall be an accumulating fund to their credit until so called for.

D. Sec. 2656, 2963, 3814.

public schools

Sec. 1320. Property dedicated to the use and belonging to Property of public schools, or employed by municipal corporations for that exempt from purpose, shall be and is hereby exempted from seizure.

D. Sec. 2964. Act 1855, p. 200.

seizure.

selling certain

Sec. 1321. When the sixteenth section of any township is Manner of divided by a parish line, the treasurer of the parish in which a sixteenth secgreater portion of the section may lie, shall proceed to take the tions. sense of the people of the township, and to sell the same as provided by law, as if the whole section lay in his parish; Provided, Provided. That the sale shall be advertised at the court-houses of both parishes as provided by law.

D. Sec. 2966. Act 1857, p. 136.

Sec. 1322. In all cases of the sale of the school lands known

of lands to be

as sixteenth section, heretofore made, where the purchase money Certain sales has not been paid, the purchaser or purchasers shall have the annulled. right to annul the sale upon application to the district court of the parish where the land is situated; Provided, That the judgment Provided. of nullity shall be obtained at the cost of the applicant and contradictorily with the district attorney, in conjunction with the school directors of the district in which said land is situated, who shall be made a party defendant in such suit; Provided, also, That it shall appear upon the hearing that the value of the land has not been impaired by any act of the purchaser; And, provided further, That nothing in this act shall be so construed as to entitle

Amount of license, and

the said purchaser to repayment of any part of the purchase money already paid.

D. Sec. 1171, 2965.

Sec. 1323. The Louisiana State lottery company shall pay to the State of Louisiana the sum of forty thousand ($40,000) how payable. dollars per annum, which sum shall be payable quarterly in advance from and after the first day of January, 1869, to the State auditor, who shall deposit the same in the treasury of the State, and which sum shall be credited to the educational fund; and said corporation shall be exempt from all other taxes and licenses of any kind whatever, whether from State, parish, or municipal authorities. Act 1868, p. 24.

Bonds

required.

Poll tax, ninety per

Sec. 1324. The corporation shall furnish bonds to the auditor in the sum of fifteen thousand dollars, as security for prompt and punctual payment of the sums set forth in the preceding section.

Sec. 1325. From each inhabitant over the age of twenty-one years, not attached to the army or navy of the United States, cent. of which there shall be collected annually the sum of one dollar as poll tax, ninety per cent. of which shall be appropriated exclusively to the support of the public schools in the parish in which the sum is paid, and the balance for charitable purposes.

is devoted to school pur

poses.

Certain ac

counts to be

books of the

treasury.

Act 1869, p. 146.

CURRENT SCHOOL FUND.

Sec. 1326. An account shall be opened on the books of the treasury, to be called the current school fund; such account opened in the shall be charged with the annual expenditures for the public schools, and credited with the net receipt for the special taxes laid by the general assembly for the support of the public schools, and with the receipts from such other sources as may be designated by law. It shall be the duty of the auditor, in his annual report, to present a statement of the condition of said fund, and an estimate of the special tax needed for the support of the public schools during the ensuing year beyond the receipts for said support from other sources. It shall be the duty of the superintendent of public education to furnish the auditor with all the information he may require for his said report.

How the school fund and surplus

plied. be ap

Certain laws

repealed.

The interest of the United

D. Sec. 214, 3799, 3810. Act 1857, p. 195.

Sec. 1327. The current school fund shall be used for the support of the public schools, and the surplus of receipts over expenditures for any one year, shall be appropriated to the support of public schools during the ensuing year; and the act number 224 of eighteen hundred and fifty-four, and acts 181 and 265 of eighteen hundred and fifty-five, which direct said surplus to be funded, be and the same are hereby repealed.

D. Sec. 215, 3800.

Sec. 1328. The interest on the United States deposit fund States deposit shall be appropriated to the annual support of the public schools, plied. as provided by the constitution; and it shall be the duty of the

fund, how ap

auditor and treasurer annually to transfer from the general fund of the treasury to the current school fund the sum of twenty-eight Duty of the thousand seven hundred and ninety-five dollars and fourteen treasurer. cents, the amount of said interest.

D. Sec. 216, 3801.

auditor and

the interest on

Sec. 1329. The interest on all the bonds which are now or may hereafter be held by or belonging to the free school fund, Disposition of which may remain in the treasury after the payment of the inter- all bonds beest of the proceeds of the sales of the sixteenth sections to the free school various townships, as provided by law, shall be annually appropriated to the support of the public schools.

D. Sec. 217, 3802.

ENUMERATION OF YOUTH.

longing to the

fund.

of youth for

poses by the

Sec. 1330. It shall be the duty of the State collector of the different parishes of the State, and assessors for the city and parish of Orleans in making their assessment or description of property for eighteen hundred and sixty-nine (1869), and every two years thereafter, to make an accurate enumeration of all the Enumeration youth in their respective parishes, between the ages of six and school purtwenty-one years, designating distinctly the number of each sex State collector. between these ages in each of the school districts into which the parishes may be divided, which enumeration shall be made at the time the State taxes are assessed or description of the property taken. The State collector or assessor shall make out duplicate lists of the enumerations so made, and deliver one to the parish treasurer, and the other he shall immediately transmit to the State superintendent of public education; they shall receive a compensation of five dollars for every one hundred children Compensation. enumerated, to be paid out of the general school fund when they shall present to the auditor a receipt from the State superintendent for such list of enumeration.

Act 1869, p. 146. Act 1871, No. 42, § 53.

THE LOUISIANA STATE SEMINARY OF LEARNING AND MILITARY

ACADEMY.

of the Louisi

inary of learn

tary academy.

Sec. 1331. The "State seminary of learning," established near the town of Alexandria, in the parish of Rapides, shall be Incorporation hereafter designated as "The Louisiana State seminary of learn- ana State seming and military academy," and shall be under the direction and ing and milicontrol of fourteen supervisors, who shall be a body corporate, under the style and title of the "Board of supervisors of the Louisiana State seminary of learning and military academy," with the right, as such, to use a common seal, and who shall be capable in law to receive all donations, subscriptions and bequests in trust for said seminary and academy, and to recover all debts which may become the property of said seminary and academy, and to sue and be sued in courts of justice and in general to do all