year, ascertain the amount of permanent school furd, if any, in the hands of the County Treasurer, and if the amount on hand shall at that time exceed the sum Exceed $1000 of one thousand dollars, and in the opinion of the said Board of Supervisors it can not be loaned within the county under the requirements of the law, then the Board of Supervisors shall order the County Treasurer Transmit to to transmit the amount in his hands to the State TreasState Treasu- urer, to be invested by the State Treasurer in United States Stocks, said investment to be approved by the Census Bor'd Census Board. Cannot be loaned. rer. School lands. Ends of justice. SEC. 3. Hereafter no school lands shall be sold for less than one dollar and twenty-five cents per acre. SEC. 4. Whenever the Board of Supervisors of any county shall find it necessary to effect the ends of justice, they may by resolution assign without recourse, Without re- any school fund claim to any person having a subsequent lien on the premises affected by such claim, upon the full payment of the amount due the said fund, but not otherwise. course. Full payment Responsible. Unavoidable. Sh'iff's ret'rn SEC. 5. Each county having any portion of the permanent school fund on loan within the same, shall be responsible for the collection of the annual interest thereof, unless the Board of Supervisors of such county shall in their report show that the non-collection thereof is unavoidable by reason of the failure of both mortgage and personal security for said loan, as shown by the sheriff's return on the execution issued on the judg ment thereon; and on making the semi-annual distribution of the temporary school fund, the collector [AuWithhold. ditor] shall withhold from the distributive share of any county so much as the uncollected interest in said county which has remained due and unpaid for the term of eighteen months previous to the time of the making of such distribution, if said county has not sued said claim, or is not otherwise legally exonorated therefrom; and provided further, that when interest has been so withheld, it shall, when collected, be added to the distributive share of such county. Unpaid. Has not sued. Provided. Diverted. law. SEC. 6. In case any county has or hereafter may divert any portion of the school fund to other purposes Allowed by than such as is allowed by law, the Auditor shall withhold from such county such sum from its distributive share of the temporary school fund as will equal the amount so directed [diverted,] and in all cases of withholding any part of the distributive share of a county, he shall thereon notify the Presidents of the several township districts in said county through the County Distributive share. Withhold. Superintendent, of the sum so withheld, and the costs Superintend thereof. ent. Sum divert'd. SEC. 7. In case any county has or may hereafter direct Divert. [divert] any portion of the school fund to any use not authorized by law, the Auditor shall inform the State Auditor. Board of Equalization of the fact, and such Board when Board of Equalization. determining the rate of State tax to be levied in such State tax. year, shall add to the rate so fixed for other counties, such a per cent. as will raise an amount on the county Per cent. so directing [diverting] such fund, as will equal as near Equal. as may be the sum so diverted from the school fund, and Board Superthe Board of Supervisors of such county shall assess the visors. sum upon the taxable property of their county, and Tax'ble propthe same shall be collected, and for all be conpurposes erty. Collected sidered a State tax, and when so levied and certified to State tax. said Auditor, he shall add to the amount (if any) he shall withhold on that account of the distributive share Withhold. of such county to the next apportionment to such Apportioncounty, but if none had previously been withheld from Withheld. such county, then the sum so levied and certified shall be credited to the temporary school fund the same as if School fund. collected in ordinary course. ment. SEC. 19. All Acts and parts of Acts conflicting with Repeal. the provisions of this Act be and they are hereby repealed. SEC. 9. This Act being deemed of immediate im- Take effect. portance, shall be in force from and after its publication in the State Register and Iowa Statesman, papers published at Des Moines, Iowa. Approved March 29th, 1864. I hereby certify that the foregoing Act was published in the Daily State Register April 27th, A. D. 1864, and the Iowa Statesman April 27th, A. D. 1864. JAMES WRIGHT, Secretary of State. CHAPTER 119. COMMISSIONERS' SEAL. AN ACT supplemental to Chapter 15 of the Revision of 1860. SECTION 1. Be it enacted by the General Assembly Engraving. of the State of Iowa, That each Commissioner appointed by the Governor of this State under the pro visions of Chapter 15, of the Revision of 1860, shall have engraved upon his seal, his name, and also the words Commissioner for Iowa." SEC. 2. It is hereby made the duty of the Secretary of State to forward to each Commissioner heretofore or hereafter appointed under said Chapter 15 of the Revision of 1860, a copy of this Act. Approved April 5th, 1864. CHAPTER 120. STORAGE RECEIPTS OR CERTIFICATES. AN ACT supplemental and amendatory to Chapter 84 of the Acts of the Regular Session of the Ninth General Assembly of the State of Iowa, being "An Act to prevent fraud in warehousemen and others. SECTION 1. Be it enacted by the General Assembly Evidence of of the State of Iowa, That all warehouse receipts, cerownership. tificates or other evidence of the deposit of property, issued by any warehouseman, wharfinger or other person engaged in storing property for others, shall be deemed in the hands of the holder thereof, as prima facie evidence of title to the ownership of said property both in law and equity. Approved April 5th, 1864. Sections repealed. Trustees to CHAPTER 121. AMENDING LAW IN RELATION TO AGRICULTURAL COLLEGE. AN ACT to amend Article 3, of Chapter 67 of the Revision of 1860. SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That Sections 1734, 1735, 1736, 1737, and 1738 of the Revision of 1860, be and the same are hereby repealed. SEC. 2. The Board of Trustees shall at any meeting select a Sup't. have power to select a competent person for Superintendent of Agricultural College Farm. The Superin tendent shall reside on the Farm and shall, under the Sup't to redirection of the Trustees, take charge of the Farm side on the and property of every description connected therewith, Farm. and in the management thereof shall be governed by rules. such rules and regulations as the Board of Trustees may from time to time adopt. Conform to count. SEC. 3. The Superintendent shall act as Secretary Sup't to act of the Board of Trustees, and shall keep the records as Secretary. of their proceedings. He shall also keep a strict account of all receipts and expenditures connected with To keep acthe Farm, and all improvements, including buildings, and shall report in writing to the Board of Trustees at To report. their regular meeting in January, of each year a full account of all of his transactions; he shall also report Books to be at such other times as the Trustees subject to indeem necessary. may His books shall at all times be subject to the inspection spection. of any one of the members of the Board. SEC. 4. The Superintendent shall receive for his Supt's salary. services a salary of one thousand dollars per annum, to Paid quarterbe paid quarterly from the State Treasury in the same ly. manner as is provided by law for the payment of salaries of the State officers. tees to ap prove. SEC. 5. The Superintendent shall before entering Sup't to give upon the discharge of the duties of his office, execute bond-Trusa bond in such sum and with such sureties as the Trustees may require for the faithful performance of his duties. He may at any time be removed from office by May be rea vote of two-thirds of the members of the Board of moved. Trustees. filled. SEC. 6. Whenever a vacancy shall occur in the Vacancy in Board of Trustees by death, resignation or failure to Board-how qualify within three months from the time of election, the Governor may fill such vacancy by appointment of a suitable person, who shall hold his office until the next meeting of the General Assembly. continue until Jan. 1, '65. SEC. 7. The term of office of the present Secretary Present to of the Agricultural College shall expire on the first day of January, 1865, and he shall at that time deliver to the Board of Trustees all books, papers, documents, seeds and other property belonging to his office. SEC. 8. All Acts and parts of Acts inconsistent Repealed. with this Act are hereby repealed. SEC. 9. This Act being deemed by the General As- Take effect. sembly of immediate importance shall take effect from and after its publication in the Iowa State Register and Iowa Homestead, newspapers published at Des Moines. I hereby certify that the foregoing Act was published in the Iowa JAMES WRIGHT, Secretary of State. CHAPTER 122. tain cities and ized. COLLECTION OF TAXES. AN ACT to legalize the levy and collection of certain taxes in certain cities and towns. SECTION 1. Be it enacted by the General Assembly Assessment of the State of Iowa, That when any city or incorpoand levy of rated town, incorporated before the taking effect of the taxes in cer- "Act for the incorporation of cities and towns," aptowns legal- proved March 23, 1858, shall have heretofore levied taxes under section 93 of said Act, or under section 1123 of the Revision of 1860, such levy and assessment and all the acts of the officers of such city or town in relation thereto, are declared legal and binding to the same extent as if the same had been levied and done under competent authority; provided there shall exist no other legal objection thereto than the fact that such levy was made and the acts done under color of authority of the sections aforesaid. Take effect. SEC. 2. This Act being deemed of immediate importance, shall be in force upon its publication in the Iowa State Register and Iowa Homestead, newspapers printed at Des Moines. Approved April 5th, 1864. I hereby certify that the foregoing Act was published in the Iowa State Register April 27th, A. D. 1864. and in the Iowa Homestead JAMES WRIGHT, Secretary of State. |