as 2.3 .1^ ,?'M^ % LIBRARY OF CONGRESS. % to ^ca ._ L R.2 S..^9-. tap, Sheff .19 ?^5 UNITED STATES OF AIVJERICA. ^ SCHOOL LAWS OP COMPILED BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION, m ACCOEDANCE WITH THE INSTEUCTIONS OF THE ^^ GENERAL ASSEMBLY, MAE.CH, 1851. >^5^cp WM. H, MERRITT, STATE PRINTER, DUBUQUE, IOWA- 1851." SCHOOL LAWS OF IOWA. TITLE XIV. OF THE CODE OF IOWA. OF EDUCATION. CHAPTER Go. THE STATE UNIVERSITY. TITLE 14th. CHAPTER LXV. 1011. There shall he estahlished at Iowa City, the present \7~T7:^, , ' seat of government of the state of Iowa, an institution to be called the " State University of Iowa," with such branches as, in the opinion of the general assembly, the public convenience may hereafter require. 1012. The public buildings at Iowa City, together with Buildmgs. the ten acres of land on which the same are situated, are lierel^y granted for the use of said university : provided, that the sessions of the general assembly and the offices of the officers of state, shall be held in the present capitol until otherwise provided for by law. 1013. The two townships of land granted by act of Con- Lands, gress of July 20th, 1840, for the support of a university, be, and the same are hereby, donated to the said state university, to be and constitute a permanent fund, the interest of which shall be applied exclusively to the support of said university and such branches as the general assembly shall establish. 1014. For the control of said university and for the better Trustees, management of the same, there shall be appointed by the general assembly of the state, fifteen trustees, five of whom 4 THE STATE UNIVERSITY. TITLE 14th. giiall be chosen biennially, wlio may make such by-laws, rules ^^^ — ^ ' and regulations under the general laws of this state authoriz- ing incorporations for educational purposes, as may be neces- sary to organize and regulate said university. The superin- dent of public instruction shall be president of the board of trustees, and shall have power to call special meetings of the trustees whenever in his opinion it is necessary. S«i*«. 1015. James P. Carlton, H. D. Downey, Thomas Snyder, Samuel H. McCrory, Curtis Bates, Silas Foster, E. G. Lyons, James H. Grower, George Gr. Vincent, William G. Woodward, Theodore S. Parvin, George Achison, S. G. Matson, H. W. Starr and Ansel Briggs, be, and they are hereby appointed the first board of trustees, five of whom shall hold their offices two years, five four years, and five six years ; their several terms of office to be determined by lot. Teachers' pro- 1016. Whenever, in the opinion of the superintendent of fe:3sorship. t -,■ • ... „ t ■ f i ■% public instruction, it is necessary a proiessorsmp tor the edu- cation of teachers of common schools may be instituted, in such manner as in the opinion of said superintendent will best promote the interests of common schools throughout the state. ^^"'^- 1017. The two townships of land herein donated to said university, when selected, shall be disposed of by the board of trustees of said university in the same manner, and under the same regulations as may be provided by law for the disposi- tion and regulation of t^e sixteenth sections in the difierent townships. Vund. 1;018. When said lands shall be disposed of as provided for in this act, the fund arising therefrom shall be paid into the state treasury ; and it is hereby made the duty of the trea- surer to loan the same out for a space of not less than five years, upon real estate security (the interest thereon payable annually) and the interest thereof to be subject to the order of ike board of trustees of said university and by them applied to the uses intended by this act. Meeting*. 101,9. The Said trustees shall meet at such tiines as shall THE STATE UNIVERSITY. O be fixed by their own appointment, and eigbt members shall TITLFUth. . CHAPTER hxr constitute a quorum to transact business. v ^_ - 1020. Said university shall never be under the exclusive Religion, control of any religious denomination whatever. 1021. The grants and donations herein made are upon the Condition *f express condition that the said university shall, so soon as it ^^^^ ' shall be in the enjoyment of revenue from the said grant and donations at the rate of two thousand dollars per annum, com- mence and continue the instruction, free of charge, of fifty students annually in the theory and practice of teaching, as well as in such branches of learning as shall be deemed best calculated for the preparation of said students for the business of common school teaching. Said students to be selected from the diff'erent parts of the state in such manner and under such regulations as the governor, the superintendent of public m^ instruction, and the judges of the several judicial districts shall determine — said regulations to be subject to the super^ ^^sion of the general assembly. 1022. Nothing herein contained shall be construed to pre- SapcrvlBioa. vent the general assembly of this state from exercising fall supervision over the said university, its officers, and the grants and donations made or to be made by the state. 1023. The board of trustees shall keep a set of books, in f^'T^ °' J- ' trustees. which they shall keep an accurate account of all transactions relative to the sale and disposition of the land and the man-^ agement of the fund arising therefrom, and a complete record of all their proceedings in the control and management of the affairs of the university, which shall at all times be open to the inspection of the general assembly, to whom they shall re- port whenever required. Approved Fibruary 25, 1847. 1024. Robert Lucas, A. H. Palmer, Curtis Bates, Dexter vacan«ie« P. Smith, Charles Buxnham and Silas Foster are hereby ap- filled, pointed trustees to fill the vacancies which have occurred in the board of trustees of the state imiversity. The governor of b THE STATE t^NlVEilSITY. TITLE 14th. the state of Iowa is hereby appointed ex officio trustee of said CHAPTJiK LXV « ^ ' university. Approved January 15, 1849. Vacancies filled. College at Keokuk. Directors. 1025. George W. M'Cleary, E. C. Lyon, Anson Hart, Jus. H. Gower and G. D. Pahner are hereby appointed trustees to fill the vacancies which have occurred in the board of trustees of the University of Iowa by the expiration of the terms of cer- tain members thereof, and the vacancy occasioned by the re- signation of A. H. Palmer, formerly a member of the above board. AppitovED February 5, 1851. Medical Department. 1026. The college of physicians and surgeons located at Keokuk, Lee county, Iowa, is hereby recognized and estab-- lished as the medical department of the Iowa state univer^ sity. 1027. The said medical department shall have power to grant diplomas for the degree of doctor of medicine, to such persons as they deem qualified for such degree, and power to make such regulations and adopt such rules as may be neces- sary for the good of said department. 1028. All persons having obtained such degree of doctor of medicine from said institution, are permitted to practice phy- sic, surgeiy, and obstetrics within this state. Approved January 28, iSol. Branch at Fairfield. 1029. There is hereb}^ established at Fairfield in the county of Jefi"erson, a branch of the state university to be placed upon the same footing, in respect to funds and all other matters, as the university located by the act of February 25th, 1847, at Iowa City. 1030. Barnet Ristine, Christian W. Slagle, Daniel Rider, Horace Gaylor'd, Bernhart Henn, and Samuel J. Bayard, of the county of Jeiferson, are hereby constituted and appointed a board of directors, whose duty it shall be to manage and di- THE STATE rXIVERSITY. ( Ted the entire business and affairs of the branch of the state TITLE I4tii- CHAPTER LXV ■university directed to be located in said county of Jefferson. > ^ ' 1031. The above named directors shall meet in the toAvn of '"g^"'^^^^""' T'airfield on the first Monday of May next, and organize by taking the necessary oath of office, and shall proceed to elect one of their number as president, also a secretary and trea- surer, Avho shall hold their offices for two years and until their successors are elected and qualified. 1032. The treasurer thus elected shall give bond in such sum Treasurer. as a majority of the board may direct, payable to the superin- tendent of public instruction of this state and filed with him in his office. 1033. The president shall preside at all meetings of the president. board, and shall cause the secretary to keep and preserve a regular record of all their proceedings, and shall, at least once in each year, at such time as the state superintendent shall di- rect, make a full and complete statement of the entire condition of the institution. 1034. The above named directors shall continue in office as Term of office follows, to Avit : two shall continue in office for the term of two years, two for four years, and tAvo for six years, which shall be determined by lot at the first regular session, and the vacan- cies occasioned by the expiration of the offices shall be filled by joint resolution of the general assembly of the state, and the persons thus chosen by the general assembly shall continue in office for six years. 1035. The board of directors and their successors in office Powers. are hereby clothed AA^ith the same poAver and authority to make and enforce contracts, that school districts noAV have, under the general laws of the state. 1036. The board of directors as soon as practicable after ^^'^■• they are organized shall proceed to select a site of sufficient size in or near the toAvn of Fairfield in Jefferson count}^, upon Avhich to erect suitable buildings for said university, and shall procure a valid title to the same for the special benefit of the said institution. 1037. The board of directors is hereby authorized to receive Donations THE STATE UNIVERSITY. TITLE 14th. any gifts, grants, or donations of money, lands, or other pro ^_ ^ f ', perty, and to sell and convey the same, and to apply the pro- ceeds thereof to the erection of suitable buildings for said uni- versity, or furnishing the same with books, maps, charts, and other necessary apparatus. Funda. 1038. The board of dir4:ctors is hereby authorized to use any or all of the funds which accrue from the proceeds of the sale of the public lands granted, or that may hereafter be granted by the general government to this state for a univer- sity, and which are set apart by the superintendent of public instruction as the rightful share of the branch university in Jefferson county, in the erection of buildings and the payment of professors or teachers of said institution. Quorum. 1039. At all meetings of the board a majority of the direc- tors shall be a quorum for transacting business ; and no mon- ey shall be drawn from the treasury but by the order of the board, signed by the president and countersigned by the sec- retary. Approved, January 15, 1849. 1040. Barnet Ristine, Christian W. Slagle, and Charles Negus, are hereby appointed trustees to fill the vacancies occasioned by the expiration of the terms of the trustees of the branch of the state university at Fairfield in Jefferson county. Approved, February 5, 1651. Branch at Dubuque. 1041. There is hereby established a branch of the state university in or near the city of Dubuque, to be placed Kpon the same footing in respect to funds and all other matters as the university located by the act of the general assembly of the state of Iowa, approved February 25th, 1847. 1042. The said branch shall be under the control of the superintendent of public instruction and the board of trustees hereinafter provided for, who shall on the first Monday of May next, hold a meeting in the city of Dubuque, and select a site for buildings and grounds in or adjoining the said city Vacancies filled. Control Powers. SCHOOL LANDS AND FUND. of Dubuque, and secure tlie title for tlie same by deed of ^ift TITLE Hth. ^ n 1 *" 1 CHAP. LXVI. or otherwise, and take the necessary measures for the speedy v. , ^ / erection of buildings with a view to their future enlargement, and appoint professors and tutors when their services shall be required, and remove the same at pleasure, and provide such books and such other facilities as may be proper, and as the funds for that purpose will admit ; and it shall be their duty to put the said branch into operation as soon as practica- ble, not later than fifteen months from the passage of this act if the means at their disposal will admit. 1043. John King, Caleb H. Booth, James M, Emerson, M. TruBtee«. J. Sullivan and Richard Bonson, are hereby appointed mem- bers of the board of trustees ; and the governor of the state for the time being, shall be a member of said board. But no moneys shall be appropriated to the support of any branch of the university until the revenues to the parent institution shall exceed three thousand dollars per annum, from the grant made by Congress. Approved January 16, 1849. CHAPTER GQ. SCHOOL LANDS xiND FUND. 1044. It shall be the duty of the trustees of the several I6th section townships in this state, at as early a day as may be convenient ^ ° '^ • after the next township election, to proceed to an examina- tion of the sixteenth section or sections in their townships re- spectively, or lands granted in lieu thereof, and allot the same into such parcels as, in their opinion may be best to suit pur- chasers and advance the interest of the school fund ; in such allotment conforming, as far as may be consistent Avith the interests of said fund, to the legal subdi\Tisions by the United States surveys, and place a true value on each parcel, which value shall not be less than at the rate of one dollar and twen- ty-five cents per acre : provided, that upon lands settled upon and improved previous to the survey, the valuation shall be made as prescribed in the next succeeding section, 1* 10 SCHOOL LANDS AND FUND, TITLE 14th CUAP. LXVI. Settler's viliffes. New ment. allot Record. Sale of land. Terms. j>ajment. 1045. When any person shall have settled and made improvements on the sixteenth section previous to the survey, P^'^" he shall give the fund commissioner notice thereof accompa- nied by an affidavit of the truth of his statement. He shall then select one appraiser, and the fund commissioner shall appoint another, and in case of a disagreement the two shall choose a third. The appraisers thus chosen shall appraise the land thus occupied, independent of the improvements, and the improvements by themselves. The occupant shall then be permitted to purchase the land at the appraised value on the conditions hereinafter provided. In case he shall fail to do so within ten days after the appraisment, the land shall then be sold to the highest bidder : but in that case the purchaser, in addition to the price of the land, shall pay the occupant the appraised value of the improvements in cash. In case the land shall be offered to the highest bidder as aforesaid and not sold, the occupant shall pay annually to the fund commissioner of the proper county to the use of the school fund interest at the rate of ten per cent, per annum on the appraised value of the land and improvements, from the day the state of Iowa was admitted into the Union until the land be sold as herein- before provided, anything in the said second section to the con- trary natwithstanding.* 1046. For good cause the fund commissioner may direct a new assessment or allotment, or either, as the case msbj seem to require. 1047. The fund commissioner shall keep a "faithful record df his acts and doings by virtue of his office, and of all papers filed in the same.t 1048. The fund commissioners of the respective counties, having received the allottment and appraisment of any or all of the sections sixteen, or lands granted in lieu thereof, shall, after giving thirty days' notice by Avritten or printed adver- tisements in three of the most public places in the county, and one in the township wherein the land is situated, proceed to sell such land to the highest and best bidder, upon the fol- ■" As amended January 25, 1843. t As amended February 5, 18oi. SCHOOL LANDS AND FUND. 11 lowmo; terms, to wit : onc-fourtli of the purchase money m ad- ^n LE I4th vance anci the balance on a credit not exceeding ten years, v ^ , bearing interest at the rate of ten per cent, per annum from the day of sale imtil paid, payable annually at the office of said fund commissioner. Lands assessed as aforesaid shall not sell for less than their appraised value. The fund commis- sioner shall receive, -when desired by the purchaser, the whole of the piu'chase money in advance. 1049. If the purchaser pay the money in hand, the fund Same, commissioner shall give him upon the receipt thereof, a cer- tificate of purchase which shall entitle him to a patent, Avliich patent shall be issued by the governor. 1050. If the lands be purchased upon a partial credit as Credit. hereinbefore mentioned, the contract shall be forthwith reduc- ed to writing, signed by the parties, and filed and recorded in the office of said commissioner, and thence, during the contin- uance of such contract, it shall be lawful for such purchaser or his assignee at any time to pay the principal and interest due upon such contract and receive a certificate of purchase as mentioned in the preceding section. 1051. In order that the day of paying interest may be^'ay day, miiform, all contracts therefor shall make the first day of Jan- uary following the date of the contract the day of the first payment, and annually thereafter upon the same day. 1052. If any person fail to pay the interest due upon any Forfeiture, contract as hereinbefore mentioned, it shall be lawful for the fund commissioner in his discretion, either to consider the con- tract as forfeited and proceed'to sell the land anew upon the terms prescribed in the fifth section of this act, or to collect the same by suit. 1053. All contracts for the purchase of lands under the Waste. proA'isions of this act shall be subject to such regulations to prevent waste as may, from time to time, be prescribed by law. 1054. When it appears to the satisfaction of the fund Credit. commissioner that any lands by him about to be ofi"ered for sale are of such a description that a sale thereof upon a par- tial credit would be wholly incompatible with the interest of 12 SCHOOL LANDS AND FUND. Waste. TITLE 14th. the school fund, and the preservation thereof from waste, and cH'Ip. lxvi. , ' _^ J especially in the case of timbered lands the value "whereof Same. consists chiefly in the timber growing thereon, the fund com- missioner may, in his discretion, exact the whole of the pur- chase money in advance, or if he sell such lands upon a par- tial credit as hereinbefore prescribed, it shall be his duty to require good collatteral security for the payment of the resi- due of the purchase money upon the terms agreed upon. 1055. When the fund commissioner is satisfied that waste is being committed upon school lands, sold or unsold, it shall be lawful for him to apply by petition to the district court, or any judge thereof, for an injunction to stay waste, and the same if granted shall be without bond and shall stand for trial first in order upon the court docket. The said bill shall be tried in a summary way, upon which the fund commissioner shall be a competent witness ; the court may make such order in the premises as may be equitable and calculated to secure the school lands from waste or destruction, and may adjudge damages to the fund commissioner, against the party, for the injury done ; the costs shall abide the event of the injunction. 1056. The five per centum upon the net proceeds of the sales of the public lands granted by the United States to this state shall be paid into the hands of the superintendent of public instruction to be disposed of according to law. 1057. The proceeds of the sales of intestate estates, to which there may be n,o heir, shall be paid into the general school fund and be disposed of according to law. 1058. When, in the opinion of the judge of any county, the security of the fund commissioner of the county may be insufiicient, the said judge may cite the said fund commis- sioner to appear before him at some specified time, to show cause why he shall not enlarge his bond, or give additional se- security, or both, as the case may be ; and upon the return of the process served the judge may make such order in the pro- ses as he may think proper. If the fund commissioner neg- lect or refuse to comply therewith, the judge may remove him from office. 5 per cent. Escheatfl. Additional security. SCHOOL LANDS AND FUND. 13 1059. All lands contracted for under the provisions of this TITLE l4Ui ^ CHAP. LXVI. act shall be subject to taxation from the day of making the contract of purchase, to be paid by the person contracting Taxes, therefor or by the occupant. Approved Febkcary 25th, 1347. 1060. All the rights and privileges conferred by the second Settler's ph- section of the above act of February 25, 1847, upon the set-'^' ^^''^' tiers on the sixteenth sections of public lands, shall also bo enjoyed by the assignees or legal representatives of such settler. 1061. All persons who have settled or may hereafter settle Sftme. upon such sixteenth sections, after they may have been sur- veyed, shall enjoy the same rights which are by law conferred upon those who may have settled prior to such survey, except that such latter settler claiming the right of pre-emption, shall pay an advance of fifty per cent, over and above the appraised value of the land in its unimproved state, and the same course shall be pursued in regard to its valuation and sale as is pro- vided by the act above referred to in relation to sixteenth sec- tions which may have been settled upon prior to the public surveys. Approved January 24, 1848. 1062. In all cases where lands have been selected under Selection re- jected. the provisions of the aforesaid act of February 25th, 1847, where such selections have been, or may hereafter be rejected by the general government, it is hereby made the duty of the proper officer to cancel the bonds given and also to refimd back all moneys which may have been paid by purchasers of land under the provisions of said act, upon request being made by the proper person at his office. Approved, January 25, 1848. « 1063. John M. Whitaker of the county of Van Buren, ^^;"'^ ^° '"^ William H. Morrison of the county of Dubuque, and Robert Brown of the county of Jefferson, are hereby appointed agents to select the remainder of the five hundi-ed thousand acrea of land granted to the state of Iowa upon the admission of said ^ 14 SCHOOL LANDS AND FUND. TITLE 14th. state into the union, under tlie 8th section of the act of con- CHAP. I.WI. ^ , ' gress oi Kseptember 4th, 1841, entitled " An act to appropriate Same. ^|-^g proceeds of the sales of the public lands and to grant pre- emption rights." The said Whitalcer shall confine the selec- tions made by him to the Fairfield land district, said Morrison to the Dubuque land district, and the said Brown to the Io^Ya City land district. Oath. 1064. Said agents shall take and subscribe an oath before some clerk of the district court in this state, for the faithful discharge of the duties required of them by this act, and shall file an authenticated copy of the same with the register of each land office in this state, ^'^'^y- 1065. They shall then proceed to select the land in accor- dance with the instructions of the commissioner of the general land office of August 6th, 1847, and report the same to the register of the land office in whose land district the selection is made. Compensation 1066. They shall eacli be allowed the sum of three dollars for every day they may be necessarily employed in the dis- charge of their duties, and shall present their respective ac- counts verified by oath to the auditor of state, who shall audit and allow the same and shall draw a warrant in their favor for the amount thus verified on the treasurer of state, to be paid out of any money in the treasury not otherwise appropriated. Record. 1067. It shall be the duty of each of the aforesaid agents to keep a correct record of the selections of land made by himself as herein provided, to estimate the value per acre of each quarter section, and to make a full report of the same on the first day of December next. Copy. 1068. The secretary of state shall file a duly authentica- ted copy of this act as soon as the same shall have been pub- lished, with the register of each land office in the state. Blank Forms. 1069. The superintendent of public instruction shall pre- pare and have printed suitable blank forms for reporting the selections of land as herein contemplated, and shall transmit the same, together with a copy of the instructions of the com- missioner of the general land office aforesaid, to each of the aforesaid agents. SCHOOL LANDS AND FUND. 15 1070. Tlie superintendent of public instruction may au- TITLE 1 4th. tliorize tlie sale of any lands selected under the provisions oi v ^ > this act in any organized county, by tlie school fund commis- •■' °' ^" "' ?ioncr. at any rate per acre which the said superintendent of public instruction may determine, not less than the minimum fixed thereon by the selecting agent, upon the terms prescribed in the act of February 25th, 1847, entitled, "An act to pro- vide for the management and disposition of the school fund." 1071. When it appears to the fund commissioner that the flcscrvation. fichool fund is liable to be injured by bringing into market any portion of the sixteenth section, the}' may reserve the same from sale. But this shall not be applicable to pre-emp- tions granted under former laws. 1072. The superintendent of public instruction shall visit Superintend- ^ '■ _ ent s duty. the several counties of the state and examine the books and accounts of the fund commissioners, and shall make such ad- ustment of the funds under their control as may be necessary to carry into effect any of the provisions of the general as- sembly relative to the same, according to their spirit and intent. But the said superintendent shall not have control of the funds in the hands of any school fund commissioner, unless by express enactment of the general assembly. 1073. When in the opinion of the school fund commissioner. Surreys, it may be necessary to have any portion of the school lands within his count}' surveyed, he may employ a surveyor for the purpose who shall be paid out of the interest of the school fund, and the commissioner aforesaid shall render an account of the expense thus incurred together with all other contingent expenses of his office in his annual report to the superintend- ent of public instruction. But in all cases where a survey is not actually necessary the allotment shall be made by the township trustees, as provided in the act of February 25th, 1847, above referred to. 1074. Ko person who may avail himself of the right of ^'■'^-^^''?*^'^"«- pre-emption, under the provisions of the act of January 24th, 1848, entitled " An act to amend an act entitled an act to 16 SUPERINTENDENT OP PUBLIC INSTRUCTION. TITLE 14th. pj.Qyi(|g for the manacrement and disposition of the school fund," CH'iP.LXVII. v___^ ' approved February 25th, 1847, shall be permitted to pre-empt more than one hundred and sixty acres. FaiUire to pay 1075. When any person to whom a portion of the school fund has been loaned fails to pay the interest thereon as pre- scribed in the ninth section of the act to which this is supple- mental, it shall be the duty of the school fund commissioner to report the name of said delinquent to the prosecuting at- torney of the county within five days thereafter, who shall immediately commence suit against said delinquent for the collection of said interest. Approved, Jandaky 15tli, 1849, CHAPTER 67. THE SUPERINTENDENT OF PUBLIC INSTRUCTION. Eieeiioji. 1076. At the township election on the first Monday in. April, A. D., 1851, and triennially thereafter, there shall h& elected a superintendent of public instruction, who shall hold his office for three years and until his successor is duly elected and qualified. Qualification 1077. Before entering upon his duties he shall take and subscribe the usual oath of office, and shall also execute a bond in the penalty of twenty-five thousand dollars, payable to the state of Iowa, with sureties to be approved by the governor, conditioned for the prompt discharge of his duties as superin- tendent of public instruction, and for the faithful application and disposition, according to law, of all school moneys which may come into his hands by virtue of his office. Said bond and oath shall be deposited with the secretary of state, and an action may be maintained thereon by the state, at any time, for a breach of the conditions thereof. SUPERINTIvNDKNT OF I'UBLIC IN.STRtCTlOX. 17 1078. It shall be his duty to keep an office at the seat of."'ITLE Ht>i government, and to .file all }»apers, reports and public docu- ^_U^ , ments transmitted to Iiim by the school officers of the* spv^eral Office. ' counties, each 'fear separately, and hold the same in readiness to be exhibited' to the governor or to any committee of either liouse of the general assembly, and shall keep a fair record of all matters pertaining to tlie business of his office.. 1079. lie shall, without delay, pay over all sums of money Duty which may come into his hands, by virtue of his office, to the officer or officers authorized to receive the same,, in such man- ner as may be prescribed by law., 1080. On the twenty-fifth day of January of each year he Apportion shall apportion among the several counties of the state, the interest of the permanent school fund which shall have accrued up to the first day of J anuary aforesaid, and shallimmediately transmit to the school fund commissioners a- statement of the amount thus apportioned to their, respective counties, accom- panied with his vfarrant for the same on. the officer in whose liands it may be deposited, 1081. He shall have a general supervision of all the district General s>j-. schools of the state, and shall see that the school system is as '"' early as practicable, put into uniform operation; shall visit every county at least once during his term of office, confer freely with the several school officers, and give such advice rel- ative to scltools as he may deem necessary ; he shall deliver a public lecture to the teachers and people of each school district, on the subject of education, if deemed practicable, and perform generally such duties as may tend to advance the interests of education. .1082. He shall examine and recommend to the several school Text book*, districts, a uniform series of text books, to be used in the schools thereof. 1083. He shall prepare and- have printed suitable forms forinstructonis., all reports required by this act, and shall transmit the same with such instructions as he may deem proper for the org.aniza- tion and government of the public schools, 9,xid with such .direc- tions in reference to the course of stu^iestaa he md^y fxdnd and oath shall be deposited with the clerk of the district <'()urt, and suit shall be brought thereon at any time in case of mal-practic*e in office, by the prosecuting attorney. 1091. Should he fail to qualify as above required, or if for Vacancy. any other reason there be a vacancy in the office, the clerk of the district court, prosecuting attorney, and sheriff of the county shall appoint .^ ^ ^Yitli the provisions ot this act. Taxes. 1116. In levying a tax the district meeting shall designate the i-espective objects for which the same is raised, and tha amomit to be raised for each object ; and the aggregate amount shall be assessed and collected by the secretary as herein provided. fowers. 1117. They may determine whether a school of a higher SsciiooJs. grade shall be established in the districtj the number of teachers to be employed, and the course of instruction to be pursued therein ; and may erect for the purpose one or more permanent school houses, and shall cause the district board to make such classification of the pupils thereof as they may deem necessary ; but in selecting the site for such school. house or school houses, the permanent interest and future wel- fare of the people of the entire district shall be consulted. . The extra compensation required for teacher's salaries in such school or schools shall be paid by private subscrip- tion in such proportionate parts as the board of directors may determine. jimjee.' 1118. They may adopt such rules of order, not incom- patible with the provisions of this act and instructions of the' superintendent of public instruction, for the government of district meetings, and may alter and change the same from> time to time as occasion may require, and may prescribe the manner of taking the sense of the meeting upon any ques- tion : provided, that the last specification shall not apply ta. the election of officers. Approved, January 15, 1849. DISTRICT OFFICERS. 2.5' TITLE 14th. CHAP. LXX. CHAPTER 70,. The Election, Powers and duties of District Officers. 1119. There shall be elected in each organized school dis- ""^^^J" ^""^ trict, at the regular district meeting on the first Monday in May of each year, one president, one secretary, and one treas- urer of the district, who together shall constitute a board of directors for the district, and shall hold their offices for one year and until their successors are elected and qualified. 1120. Said directors shall qualify in the manner prescribed Qualification. in the preceding chapter for directors elected upon the forma- tion of a new school district,. and in case they neglect or re- fuse so to do they shall be subject to the same penalty. 1121. The board of directors may hold such regular, spe- Meetings. cial or adjourned meetings as they may from time to time de- termine. 1122. The president, when present, shall preside at all President, meetings of the board and of the district, sign all warrants for the collection of taxes, all orders on the treasurer for the payment of money, and shall draw all drafts upon the school fund commissioner for money apportioned to his district. 1123. All drafts and orders drawn on the district treasurer His Drafts, as required in the foregoing section shall specify the fund on which they are drawn and the use for which the money is de- signed. 1124. The district board shall employ all teachers neces- Board employ- sary for the schools of the district and pay them by draft on the treasurer ; but they must not overdraw the amount due from the teacher's fund ; and when there are not sufficient funds in the hands of the treasurer for the payment of such teachers, the balance shall be paid by the persons sending pu- pils, in such manner as may be agreed upon by the teachers and the district board. DISTRICT OFFICERS. TITLE 14th. CHAP. LXX. President. Secretary. List. Accounts. Notice of meetings. Duty as to taxes. 1125. The president shall appear in behalf of his district in all suits brought bv or against the same. But when he is individually a party this duty shall be performed by the sec- retary. 1126. The secretary shall record all the proceedings of the board and of the district meetings in separate books to be kept for that purpose, and shall preserve copies of all reports made to the school fund commissioner, and shall file all papers transmitted to him by other school officers pertaining to the business of the district, and shall countersign all drafts, war- rants and orders drawn by the president. 1127. He shall, between the first and fifteenth day of Sep- tember of each year, take and keep on record a list of the names of all the white persons in the district between the ages of five and twenty-one years, and shall deliver a copy of the same to the principal teacher of each school in the dis- trict. 1128. He shall keep an accurate account of all the expen- ses incurred by the district, and shall present the same to the district board to be audited, and paid as herein provided out of the school house fund. 1129. He shall give ten days previous notice of all regu- lar and special meetings of the district as herein authorized, by posting up a written notice in five different places therein, and shall furnish a copy of the same to the teacher of each school in the district to be read once in the presence of the pupils thereof. 1130. Whenever a tax has been voted by the district, the secretary shall obtain a transcript of the last assessment roll of the county, and shall add thereto any taxable property therein omitted having himself assessed the value thereof, and shall post up a list of the names of the persons taxed at three or more places in the district, with the amount due from each set opposite their respective names so far as their names may be known, at least thirty days previous to his proceeding to collect the tax. DISTRICT OFFICERS. 27 llol. Durino; the said thirty days should any person file TITLE I4th ~ . ^ . , , CHAPTER L\X a complaint of being taxed beyond his due portion with the v ^, ' secretary, he shall call a meeting of the district board, who ^'^^' shall correct said assessment if the}' deem it erroneous. 1132. At the expiration of the said thirty days the pres- Warrant ident of the board shall issue his warrant to the secretary who shall proceed to collect the tax and pay it over on the order of the president to the treasurer. 1133. Should any one when called on neglect or refuse to ^^^*^- pay such tax, the secretary shall proceed to collect the same by distress and sale, of goods and chattels found within the district, having first posted up at least ten days previous no- tice of such sale in three of the most public places in the district,. 1134. When the owner of lands fails to pay the tax there- Delinquent TIT 1 tax en land. on, such lailure shall be reported bj the secretary to the county collector of taxes in time for the same steps to taken by such collector as are prescribed for the sale of lands for delinquent county taxes for the same year ; the lands shall be sold in like manner and Avith the same consequences as though sold for delinquent county taxes. And if for any cause they are not thus sold at the proper time, they may be sold the following or any subsequent year in the same manner and with the same consequences as above contemplated. 1135. The amount of tax collected bv the countv collec- County col * ^ lector. tor in accordance with the provisions of the foregoing section shall be held by him subject to the order of the president of the proper district, and shall be paid over accordingly. 1136. On the first day of October of each year, he shall Secretary s make out and file in the office of the school fund commissioner '^'^^'^'^ " a report of the afi"airs of the district containing : Fb'st — The number of white persons between the age of five and twenty-one years ; /Second — The number of schools and the branches taught in each ; Third — -The number of pupils taught in each school ; 28' DISTRICT, OFJTJCEilS. TITLE 14th. en AFTER i.xx. yailure to taake. Treasurer. The two Foti?'th— The number of teachers employed in each school, 'and the average compensation of each per month; Fifth — The number of. days each school has been taught^., and by whom ; Sivth — The average: cost of tuition for a pupil per month in each school ; Severith — The books used in each school : Eighth — The number of volumes in the library of each . school ; Ninth — The aggregate amount paid teachers during the year, the source from Avhicli the same was received, and the amount of the teachers' fund in the hand of the treasurer ; Tenth — The number of district school houses, and the cost of each ; Eleventh— The amount raised in the district by tax for the erection of school houses and for- all other purposes authorized in this act, and such other information as he may deem useful. 1137. Should the secretary fail to file his report as above directed he shall forfeit the sum of ten dollarg, and shall be liable to make good all loss resulting to the district from such failure.. Suit is to be brought in both cases by the president in the name of the district on his official bond. 1138. The treasurer shall have the custody of all moneys belonging to the district and shall' pay out the same upon the order of the president, and shall keep an account of the re- ceipts and expenditures thereof, in, a book provided for the purpose. 1139. The moneys for the payment of teachers shall be called the " teachers' fund," and those for school houses and . district expenses, the " school house fund ;" and the treasurer shall, keep the same distinct and keep separate account.^ with them, and no warrant for money shall be paid by the treasurer- which does not specify the fund on which it is drawn and the specific use to which it is to be applied; the school house fund ghall consist only of taxes collected in the district, and all DISTRICT OFFICKRS. 25) Other selioul moneys Lolonging to the district shall go tothe'^'TLE I4tli teachers' fund, and shall be a^pplied to no other use except to . ~^^- ^ pay the wages of school teachers in the district. 1140. The treasurer shall apply for and receive all money Receive mo- apportioned to the district by the school fund commissioner, '^'^y* when notified of said apportionment. 1141. lie sh-all render ,a statement of the finances of the ytatemem. district «s sho^vn by the records of his office, at any time when required by the district board. 1142. The district board -shall make all contracts, pur- Ko^«' make , ,11 , , contracts, Sir. cUases, payments, and sales, necessary to carry out any vote of the district for procuring any site for a school house, rent- ing, repairing, or furnishing the same, or disposing thereof, or for keeping a school therein, and perform such other duties as may be delegated to them by the district meeting. 1143. They may, with the concurrence of the board of Admit pupils directors of an oxijoining district or districts, admit pupils ^™'"'^''^"-'' ^'* from either of said districts to a school within their OAvn dis- trict, but said pupils shall be enumerated- in their respective districts, and the portion of the school mone_y to which they may be entitled by said enumeration shall be ?ipplied to the fiiipport of said school. The parents or guardians of said pu- jiils shall pay such portion of the contingent expenses and of the amount to be contributed by voluntary subscription for the support of said school, .as the respective boards may deem equitable. 1144. The district board shall require the secretary andl3ond.s of offi treasurer each to give bond to the district in such penalty ^'^''^' and with such sureties, as in.thoir opinion 'will secure the district against any loss, conditioned for the faithful applica- tion of all moneys that may come into their hands by virtue of their respective offices. Said penalty may be increased from time to time as the interest of the district may require. The bond shall be filed with the president of the board, and in • .case of a breach of the condition thereof, he shall bring suit • thereon in the name of the district. 1145. In each organized district they shall act as judges of judges of nil district elections. ciecUons. /' f 30 DISTRICT OFFICERS, TITLE 14th 1146. Thej sliall from time to time examine the books and V ^ 11/ accounts of the treasurer and make settlement with him, and Examine trea- g^jj^ll a^^ ga^g]^ reofular meetino; of the district present to the «urer s ac- " ° . -^ . counts. same a full statement of the receipts and expenditures of the district, and such other matters as may he deemed impor- tant. To visit 1147. They shall appoint a committee from their own schoo s. hody to visit the respective schools of the district monthly, and to aid the teachers in establishing and enforcing rules for the government of schools, and to see that the teacheJis keep a correct list of the pupils, the time during which they attend school, the branches of learning which each pupil is studying, and such other matters as may in the opinion of the board tend to. promote the welfare of the school. Examination 1148. Before employing any person to act as teacher, the board of directors shall examine or cause to be examined all such applicants in the following branches of an English edu- cation, to wit : spelling, reading, writing, arithmetic, geogra- phy, history of the United States, and English grammar ; and if the applicant is found qualified, the board may employ him. Audit claims. 1149, They shall audit and allow all just claims against the district, and the president shall draw an order for all demands thus audited on the district treasurer. 1150-. They shall, upon the written request of five legal . , voters of the district, or whenever they deem it expedient, •fepecial meet- . . ' . "^ ^ . iijgs. call special meetings thereof ; but in all such cases, the notice for such meeting shall clearly state the precise object for which at is called, and the time and place at which it is to be held. Tacaneies. 1151. Should a vacancy occur in the board, they may fill the same by appointment, unless it is deemed expedient to call . a special meeting of the district for the purpose. Approved, Jascary 15, 1849'. MISCELLANEOUS SUBJECTS. 31 TITLE 1-lU. CHAP. I.XXI. CHAPTER 71. MISCELLANEOUS SUBJECTS, 1152. The county judge of each county shall at the time Couuiy ux. ♦>f levying the tax for county purposes levy a tax for the sup- port of schools within the county, of not less than one half mill nor more than one mill and a half on the dollar, on the assessed value of all real and personal property within the county, which shall be collected by the county collector at the same time and in the same manner as state and county taxes are collected, except that it shall he receivable only in cash. 1153. The collector shall on the tenth day of Februarv of ^o^^*-"^^'^" °*' ^ . , . same. each year pay over the amount of said tax which shall have been collected, to the school fund commissioner, and shall ren- der him a statement of the amount uncollected ; the amount unpaid shall be collected at any subsequent time as delinquent county taxes are collected, and shall be paid over when col- lected to the school fund commissioner aforesaid. 1154. The collector .shall be allowed one per cent, by the Allowance. fund commissioner for collecting said tax. and should he fail at any time to pay over the same as herein provided he shall forfeit the sum of fifty -dollars and double damages, to be col- lected on his official bond. 1155. In all cases where the alteration of school districts Disputes as provided in this act. gives rise to controversy respecting about dis- the adjustment of the rights and liabilities of the district or districts affected, upon which they cannot amicably agree, the matter shall be settled by arbitrators, appointed by the school fund commissioner, as justice and equity may require. All awards made under this act shall be returned to the said fund commissioner, who shall, at the request of either party who may wish to except thereto, file the same in the district ;^2 MISCELLANEOUS SUBJECTS. TiTliE 14th. court, to be dealt with as other awards undi?r the statute on CHAP. I.XXI. , I ■ i. , /that subject. Suits. 1156. In all cases where suits may be instituted by or ■sagainst any of the school officers contemplated or created by this act, to enforce any of the provisions herein contained, - counsel may be employed, if necessar}'', by the officer institu- ting the suit, and the expense of suit shall be borne by the district, count}^, or state, in whose name or against whom the same may be instituted. .Forfeitures. 1157. All .fDrfeiturcs provided for in this act shall, whe'i;; they acci'ue, belong to the respective districts or counties, in which the same may be incurred, and the district treasurers for their districts, and the school fund commissioners of their counties are hereby authorized to receive and apply the pro- ceeds of such forfeitures as the interest of the permanent fund is now or may hereafter be applied. Fines appro- 1158. The clear proceeds of all fines collected within the priated. several counties of this state for breaches of the penal laAYS, ' and all fines paid for exemption from, or as aii equivalent for, military duty, and all funds arising from the sale of water crafts, lost goods, and estrays shall be paid over i?! cash by the persons collecting the same, within -tv^yenty days after collection, to the school fund commission'^r of the county in whioli the same have accrued and shall be by him apportioned to school districts as provided in this act. Fonda sepa- HqQ. All funds arisino; from a breach of the penal laws, and paid f3r exemption from, or as an equivalent for, military duty, shall be kept and apportioned separate and apart from all other school funds. Colored per- 1160. AH real and personal property of blacks and raulat- sons . f ' n ^ -i tos in this state shall be exempt from taxation for school puv^ poses. 5ookr*^&c" 1161. Each and every officer created by the provisions of this act, who shall receive^by virtue of his office any books or papers and shall refuse to deliver the same to his successor in office, or shall wilfully mutilate or destroy th« same or any part: thereof, shall be liable to- a fine of iiot'les3:than fifty nor MISCELLANEOUS SUBJECTS. 33 more than one hundred doUars, to be recovered with damages TITLE i lih CHAP. I.XXI. on their respective official bonds. « ^ Approved, Jancauy 15, 1349. 1162. In each newly organized county, where a school fund ^Luid commis- '' ° • 1 rf sioner elected. commissioner has not been elected, said officer shall be elected at the township election in April, 1851, and shall hold his office till his successor is elected and qualified at the regular election provided for in chapter sixty-eighth bj the act of January 15th, 1849. 1163. In every county that may hereafter be oi-ganized a New counties school fund commissioner shall be elected at the time of elect- Tem^^ ing other county officers, and shall hold his office till the regu- lar election for said officer then next ensuing and until his successor is elected and qualified. 1164. When any school officer is superseded b}^ election or Books,pai)ers, otherwise, he shall immediately deliver to his successor all books, papers, and moneys, pertaining to his office, taking a receipt therefor, which shall specify the particular class of books, papers, and moneys, thus transferred. 1165. The fund commissioner is authorized to unite tvfo Unite diy- or more districts under one corporate name, Avitli the consent *'"^'^*^- of tjie districts concerned. 1163. Tne consent of each district thus united must be Consent by given by a vote taken at a meoting convened for that pur- ^'°''^'' pose, of which due notice must be given. 11G7. The nevv district thus formed becomes responsible JPo^^'.'-'i"''^ ofneu- for the liabilities, and shall assunle the control of the property ''^^''^'°"' and assets of the disti-icts of which it is constituted. 116S. Should any emergency arise by w^hich a district ^'^^^"°^'?*- may be loft witlrjut officers the fund commissioner shall appoint a president secretary, and treasurer for said district, who shall continue in office till tlie next regular district elec- tion thereafter. 1169. A failure of any district officer to qualif}- within the Failure, time specified by law creates a vacancy. Vacancy. 1170. No person shall be released from the payment of a Effect of district tax by virtue of the alteration of the boundaries of'^^'^""'''" 3 MISCELLANEOUS SUBJECTS. Same. Defaulter. .Punishment TLTLE 14U, school districts authorized in the act to which this is suBple- CHAP. LXXl. . ^ ^ y , ' mental, where such alteration was made after the tax was voted, except by a vote of the district from which he is de- tached. 1171. Whenever the boundaries of a school district are changed, the fund commissioner shall immediately notify the respective secretaries of the districts aifected, of the fact in writing. 1172. Any officer charged with the sale of school lands or management of school moneys, who wilfully ieeps false books, or who uses the public money which comes into hi.? hands in such a way as to fail in paying the same over t<> the proper person when legally required, is guilty of felony, and shall upon conviction be punished by imprisonment at hard labor in the penitentiary for a term not exceeding ten years. 1173. When a tax has been voted in any school district, no lands entered prior to the said vote shall be exempt from the tax thus voted. 1174. The fund commissioners from and after the first day of April, 1851, shall receive such annual compensation for their services and contingent expenses for books, postage, and stationery as may be allowed by the clerk of the district court, sheriff, and prosecuting attorney, and approved by the superintendent of public instruction, to be paid out of the school fund. 1175. Such allowances shall be made inv^riting by the first day of October of each year, and shall be transmitted hj the fund commissioner with his annual report to the superin- tendent. 1176. Said compensation shall be in full for services ren- dered for the year commencing April first, and ending March thirty-first. 1177. No property shall be subject to taxation for district purposes more than once in any one year. To take effect. 1178. This act shall take effect and be in force from and after its publication in the Iowa Capital Reporter and Iowa Lands enter ed, taxed. Fay of com'rs From school fund. Allowance. Fiscal year. Limitation of taxinof. NORMAL SCHOOLS. Republican ; provided, that nothing herein contained in refer- TITLE I'lih. cnce to school districts shall become binding till the first day > 1.^ . of April, 1851. Aptroved, FEBni.'ARY 5, 1851. CHAPTER 72. Normal Schools. 1179. The state is divided into three districts, in each of xhrtc cm- which there shall be established a Normal school for the edu- tncts. cation of common school teachers and others. Each school shall educate eight teachers free of charge of tuition, who shall teach, for the term of three years, common schools with- in the . state. Said schools shall be established at Andrew, Oskaloosa and Moimt Pleasant. Religious sectarianism shall under no circumstances be incorporated into the system of in- struction contemplated in this act. The superintendent of public instruction shall proceed, as soon after the passage of this act as practicable, to divide the state into three districts. 1180. Each normal school shall be governed by a board of Trustees, seven trustees, to be appointed by the board of trustees of the university, two of whom shall hold their office two years, two for three years, one for four yea,rs, one for iive years, and one for six years, and until their successors are appointed and qualified : their respective terms of service to be determined by lot at the first regular meeting of the board after their or- •janization. 1181. The board of trustees shall meet on the first Wed- Officers ?.nd nesday of April next, and appoint a president, vice president, "•'^"''^' and secretary who shall also be librarian and treasurer, and prepare a code of by-laws for the government of their body, and rules and regulations for the government of the school. 1182. The sum of five hundred dollars is hereby ^^ppro^ ^^ jj,_ priated annually to each school, to be drawn quarterly out of t«on. 3* 86 NORMAL SCHOOLS. TITLE 14th i\q university fund by the several treasurers, to be expended (.HAP. LXXIII. . f 1 1 I'll . , .m payment oi teachers wages, purchasing books, maps, charts, globes, chemical and pliilosoj)hical apparatus, and ma- thematical instruments : Provided always. That the friends of education shall furnish funds to the amormt of not less than five hundred dollars to erect such buildings for the use of said normal schools as the board of trustees may deem neces- sary. Report. 1183. The board of trustees shall annually, or oftener, if required, report to the superintendent of public instruction the condition of their school, progress of improvement of pupils, and state of the finances, in such a manner as prescribed by the aforesaid officers. Annual meet- 1184. The annual meeting of the board shall be on the " " first Y7ednesday of October in each year, at which time they shall report the names of pupils qualified to teach common schools. Approvkd, January 15, 1S49. 1185. That the boards of trustees of the normal schools not 3^et organiz-ed, shall be appointed by the superintendent of public instruction, and shall meet on the first Monday of April next, or as soon thereafter as practicable and perform the duties required by the third seciion of the above act of January 15, 1849.* Approved, February 5, 1851. CHAPTER 73. The Dco'f, Du?nb, and Blind. 1186. Upon satisfactory evidence being adduced to the county court ■of any county in the state that there is a deaf. ■■ Tiie preceding- eight chapters, rcla,*ing to the subject of education, are a, c'lmtillation of the existhig- acts upon th;it ifulnect, made by the superinten- dent of public instruction, bj' viri.vie of a resoluLion of tlie general assembly, approved February 5, ISui, which re'juiscs them to be printed in tiie code. DEAF, DUMB, AND BLIND. 37 dumb, or blind person between the ages of ten and tliirty 3^ears residing in such county, it shall be the duty of the court to cause the clerk to certify that fact, together "with the name and age of the unfortunate and the names of his parents or guardian to the superintendent of puplic instruction. ■ 1187. The superintendent is authorized, upon the receipt of such certificate and the application of the unfortunate or his parent or guardian, to certify the matter to the auditor of state -who shall dvim his war.Tant upon the treasurer of state for the sum of one hundred dollars each year in favor of such person, his parent, or guardian, to be applied to the education of the unfortunate person. 1188. No such beneficiary will be entitled to draw more than one hundred dollars in one year ; nor shall a second draft be made until a receipt be presented from the principal of some deaf and dumb, or blind, asylum, showing that the money previously drawn has been appropriated according to the in- tention of this chapter. 1189. The superintendent shall report to the general assembly at each regular session the number of such unfortu- nate persons in whose favor money has been so drawn, with their names and residences and the amount drawn for each. FORMS. NUMBER I. Form to he used hy the Township Trustees in the ollotThent and valuation of sectioti sixteen. — {See sec. 1044.) Lot No. 1, 11.50. Lot No. 2, 13.00. Lot No. 3, Pre-emp Lot No. 4, tioB. Lot No. 5. Lot No. 6, $2,75. , Lot No. 8, $4,25. Lot No. 10. 16,50. Lot No. 14, $6,00. Lot No. 15, $4,50. Lot No. 11, $5,50. Lot No. 7, 1-3,50. Lot No. 9, 13,75. Lot No. 12. $4,00. Lot No. 13. $4,50. Lot No. 16, $8,00. Lot No. 17, $10,00. April 14, 1851. We, the undersigned, Trustees of Township, in: the county of- Iowa, hereby certify that we have this day ex- amined section 16, (or 17 in lieu of 16, as the case may be) T. 79 N., R. 6 W., and have allotted and valued the same per acre as marked and numbered on the above plat, as required by law. A B , 1 C- D— - — , > Trustees. E F- , ) To ; School Fund Commissioner. NOTE. — The Fund Commissioner should copy the above plat and certifi- cate into a book provided for the purpose. FORMS. <)9 NUMBER II. Fonn of Notice hy Settler to School Fund Commissioner. [Sec. 1045 and 1104.) A. B. of the county of and State of says, that on or about the day of — ■- — 18 — he (or her, as the case may be) settled upon and improved the N. E. 1-4 of sec. 16, T. 79, N., R. .6 W., and that said settlement and improvements Tvere made prior to the government survey of said land. A. B. Sworn to and subscribed before me, this day of 18 — , CD. School Fund Commissioner of County. NUMBER III. Form, for appraisment of pre-emptions on section sixteen. [See sec. 1045.) April 21st, 1851. We, the undersigned, appraisers, chosen under section 1045, Chapter 66 of the School Law, hereby certify that we have examined the N. E. i of section 16 (or some other section granted in lieu of 16, as the case may be,) T..79 N., R. 6 W., and have fixed the following prices per acre to each parcel as designated by the plat of Trustees of township, in the county of Iowa, made on the 14th day of April, 1851, to wit : Lot No. 3, |2,25 ; No. 4, $1,25 ; No. 5, |5,00 ; and that we have valued the improvements made thereon at $1,200,00. A B , c r> — ^, E E , Appraisers. To School Fund Commissioner. 40 FORMS. , NUMBER IV. Form of Order for Neio Allotmeyit and Assessment. {See sec. 1046.) Office of School Fund Commissioner ) ■ • county, 18 — ) You are hereby required to make a new allotment and as- sessment (or either as the case may he) of S. i of sec. 16, T. 79 N., R. 6 W., the same having been allotted and assessed on the 14th day of April, 1851. A. B. School Fund Commissioner of county. To C. D., E. F., and G. H. Trustees of Township. NUMBER V. Form of Notice for Sale of IQik section. {See sec. 1048. Office of School Fund Commissioner, / county, 1851. ^ Notice is hereby given, that I will offer for sale, to the highest bidder, at on the day of 18-—, lots No. 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 167 of sec. 16, T. 79 N., R. 6 W. Terms of sale, one fourth in cash, and the remainder on a credit not exceeding ten years. A. B. School Fund Commissioner . ' of county. FORMS. 41 NUMBER VI. Form of contract, for sale of 1 Qth section of school lands. {See sec. 1048, 1050-51-52.) School Fund Commissioner's Office, ) county, - - - 18 - - \ Contract made and entered into between A. B. as School Fund Commissioner for the county of Iowa, and CD., of the county of - - - , and state of - - , to wit : The said A. B., School Fund Commissioner, as authorized by law, has bargained and sold, and by these presents does bar- gain and sell to the said C. D., - - - heirs and assigns, the fol- lowing described tract or parcel of land, being a portion of sec- tion numbered sixteen, (or lands in lieu thereof,) granted to the State for the use of schools b/ an act of Congress entitled — "An act supplimental to the act for the admission of the States of Iowa and Florida into the Union," approved March 3d, 1845, to wit : (here describe the laud.) The price agreed upon is per acre, amounting to the sum of , the one-fourth part of which, to wit : has been paid in cash to the said School Fund Com.missioner, and the balance, to wit: secured by a promissory note, bearing even date herewith, and payable on or before ten years from date, bearing interest at the rat(3 of ten per centuni per annum, payable annually on the first day of January, at the of[ice_ of tlie said School Fund Commissioner, in Now, if the said C. D., heirs, executors or administra- tors, shall pay or cause to be paid the interest on said note as the same falls due, together with the principal within the time specified, then - - will be entitled to receive from the Governor of Iowa, a patent for the land herein described. In case of failure to make any of the payments aforesaid punctually, as stipulated, all previous payments shall be considered forfeited and the land subject to be sold by the School Fund Commis- sioner, or the payment of the money enforced according to law, at the option of said Commissioner. In testimony whereof, the parties have hereunto set their hands and seals the day and year first above Avritten. A B , [Seal] School Fund Commissioner of County. C - - - D - - - , [Seal,] In presence of E - - - F - - - , a - - - H - - - 4:2 FORMS, Tlie original of the above is recorded in book - - page - - and is on file in my office. A B [Duplicate.] School Fund Commissioner. NOTE. — Additional security required, (see sec. 1054.) Waste, (see sec. 1053 and 1055.) Reservations, (see sec. 1071.) Pre-emptions, (see sec. 1045, 1060, 1061 and 1074.) NUMBER VII. Form of Certificate of Purchase. {See sec. 1049.) School Fund Commissioner's Office, ) - - - county 18 - - \ This is to certify, That C. D., purchased of A. B., School Fund Commissioner for the county of on the - - day of 18 - as authorized by law, the following described tract or parcel of land, to wit : (here describe the land) containing acres, at per acre, amounting to the sum of which sum, with the interest accruing thereon, having been paid to me in full |)y ^ (original purchaser, assignee or heirs, as the case may be,) as required by law, entitles (him, them or her, as the case may be,) to receive from the Governor of Iowa, a pa- tent for the land herein described, upon the presentation hereof. Griven under my hand, the day and year first above written. A. B., School Fund Commissioner of - - county. Recorded in my office, book - - page - - A. B. School Fund Commissioner NOTE. — The Fund Commissioner will specify the grant for which the certificate is given — whether 16tli section or lands in lieu thereof; or 500,000 acres. In future issue but one certificate. When the certificate is given to an assignee, insert the name of the original purchaser alone in the commence- ment, and in the conclusion, set forth that full payment has been made by A. B, assignee of C. D., whicli entitles him (the assignee) to a patent. If the purchaser or assignee dies before the certificate is given, insert the words "heirs of A. B.," original purchaser or assignee, as the case may be. Certij- icates are not assignable. FORMS. 4iJ NUMBER VIII. Form of AssigiiTnejit [See sec. 1050.) For value received, I hereby assign xmto C. D. all my right title, and. interest in and to the land described in the within contract. In testimony whereof, I have hereunto set my hand this day of 18 - - . A. B. (Purchaser or assignee of A. B.. as the case may be.) Note. — Cojitracts may be transferred as often as desired by assignment, but certificates of purchase caxinothe assigned. Assignments should be endorsed on both the original and duplicate. NUMBER IX. Form of Contract for sale of 500,000 acre grant. {See sec. 1048 and 1070. School Fund Commissioner's Office, I County, 18 - - . ) Contract made and entered into between A. B., as School Fund Commissioner for the county Iowa, and C. D. of the county of and state of , to wit: the said A. B., School Fund Commissioner, as authorized by law, has bar- gained and sold, and does by these presents, bargain and sell to the said C. D., heirs and assigns, the following described lands, being a part of the five hundred thousand acres of land mentioned in the second section of the tenth article of the Constitution of Iowa, to wit: (here describe the land.) The price agreed upon is per acre, amounting to the sum of dollars, and cents ; the one-fourth part of which, to wit : dollars and cents, has been paid in cash to the School Fund Commissioner,, and the balance, to wit : dollars and - - - cents, secured by a promissory note bearing even date herewith, payable within ten years 44 FORMS. from date, and beaming interest at tlie rate of ten per centum per annum, payable annually on tlie first day of January, at the office of the said School Fund Commissioner in Now, if the said C. D.,- - - heirs, executors, or administra- tors shall pay, or cause to be paid, the interest on said note as the same falls due, together with the principal, within the time specified, then - - will be entitled to receive from the Grover- nor of Iowa a patent for the land herein described. In case of failure to make any of the payments aforesaid punctually, as stipulated, all previous payments shall be considered for- feited, and the land subject to be sold by the School Fund Commissioner, or the payment of the money enforced accord- ing to law, at the option of said Commissioner. In testimony whereof, the parties have hereunto set their hands and seals, the day and year first above written. In presence of A. B. [l.s.] - - - - School Fund Commissioner of - - county. - - - - _ G. D. _ [l.s.] The original of the above is recorded in book - - page - - , and is on file in my office. A. B., [Duplicate.] School Fund Commissioner. NOTE. — Same regulations as to waste and collateral security on "tim- bered lands," as in caseof 16tli section. NUMBER X. Foj'ni of a Note for Sale of Lands. $ - - - Office of School Fund Commissioner, - - County, - - 18 - - On or before ten years from the date hereof. I promise to pay to A. B., School Fund Commissioner in and for the county of - - , Iowa, or to his successors in office, the sum of - - for value received, Avith interest at the rate of ten per cent, per annum, payable annually, on the first day of January, at the office .of the said Commissioner, in - - ; the first pay- ment of interest to be made on the first day of January follow- ins; the date hereof. C. D. NOTE- — Where more than one person joins in the purchase, and also when additional security is given, insert the words, " we or either of us," instead of" 1." FORMS. 45 NUMBER XI. Form of bond and oath of office of School Fund Commissioner {See sec. 1090.) KnoAY all men by tliese presents that we A. B., C. D.. E. F.,and G. H., of tlie county of - - and state of Iowa, are held and firmly bound unto the State of Iowa, in the penal sum of ten thousand dollars, for the payment of which well and truly to be made and done, we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmlv bv these presents. Sealed with our seals and dated this " - "^ - day of - - A.D. 18 - - The condition of the above obligation is such, that whereas the above bound A. B., was on the - - - day of - - - , A. D. 18 - , elected School Fund Commissioner (or ajjpointed as the case may be) in and for the county of - - in said State of Iowa. Now, should the said A. B., as School Fund Commissioner, as- aforesaid, discharge the duties of his office as required by law, and make a faithful application of all school moneys that shall come into his hands, then the above obligation to be void, otherwise to be and remain in full force and virtue in law. A B , [seal.] C D , [seal.] E F , [seal.] G- H , [seal.] Qath of Office. I. A. B,, School Fund Commissioner in and for the county of , in the State of Iowa, do solemu jy svrear that I will faithfully discharge the duties of said office, as req^uired br law. _ A. B.- " Sp-orn to and subscribed before me, C. D., (clerk, or jus- tice as tlic case m.uy be) this dav of ■ A.D. 18 — C^ D , Justice of the Peace. NOTE. — The officer by whom an official bond ia approved may require additional security. (See sec. 418 of tlie code.) TJie County Judge may also require additional security of the Fund Commissioner. (See sec. 1058.) Securities to official bonds must be freeholders, except in tliose counties where lands ef the United States have not been sold. (See sec. 'd29 of the Code.) The oath should be endorsed on the back of the bond. (See sec. 331 of code.) 46 FORMS- NUMBER XII. Form for appointment of a School Fund Comniisioner . — (-*S'ee sec. 1091.) We, the undersigned, as autliorized by law, hereby appoint A. B. School Fund Commissioner, in and for the county of — Iowa, to fill the vacancy occasioned by the (resignation, ffiil- ure to qualify, death or removal) of C. D. Witness our hands, this - - day of - - 18 - - E. F. CrkDist. Court. G. H. Prosecuting Attorney. I. J. Sheriff. NUMBER XIII. Form of Certificate of Election and Qualification of School Fund Commissioner. I. A. B. Clerk of the District Court, hereby certify, that on the - - day of - - 18 - - , C. D. was (elected or appointed) School Fund Commissioner in and for the county of - - , Iowa, and that he has this day filed his official bond and oath in my office, as required by law. In testimony whereof, I have hereunto set [l. s.] my hand and .affixed the seal of the Dis- trict Court, this - - day of - - , 18- - . A. B. Clerk of District Court. NOTE. — The first duty performed by a Fund Commissioner after filing his bond, should be to procure this certificate, and forward it to the Supersn- tendeat of Public instruction. FORMS. tJ3 .>> ^ !>> %> -4-3 ■vj i3 « o s o ^^ Of • •— ( to M ' « fV» « S o •^ Ch o w so o > cq .2 i=! l> isrl ^ ^ C/J Ci tD S aa < ses. 1 W ^Paid for sala-' ry- i W > 1 > ^ S( >< > Principal H ^ loaned. 2 ' o - Military fines. ^\ ' P I Fines for 1^ )breach of thei g ^ laws. I a> O) J>H ' Interest of K 'school Fund. O ) County tax. ^ ^ ^ q:3 o -5 c to 52; H FORMS. ^ Oi o 00 "CM O O CO rt< C-O , ) o o OO (>1 T-i co" -+0 >^= tH "3 e©= n o > "rj s o "^ f-i W. ( niT 3 0) o ^ -^ o oi 1 r; 1 O ^ f~l ^ :i - :i :; ^ i; 2 1 ^ P5 53 r-^ CM X) o -M N-ti o o ' t3 "c^ O Oi ^1 rH I-j^ '^^ o VO pi .<^ o I cd" u-S^ -^h" zry aS ^"^ i-o- o ^ S CO -O TTf XI Cl Ci Oi on ^>. I "*. >1 00 Sv! rH o^ T-H ^ ( T— i T— 1 co" T-i O ) ^= ®i= o r-«!, o o .pi K O FORMS. 49 NUMBER XVI. For/n of notice from the School Fund Commissioner to the President of a school district. {See sec, 1099.) Office of School Fund Commissioner, ^ - - ■■ County, March 1st, 18 - , ^ To tlie President of school district No. - - of - - Township : Sir — You are hereby notified, that, according to the ap- portionment of the school money made by the undersigned this day, the sum of dollars is due school district No, of ToAvnship, from this ofiice. A B , School Fund Commissioner of ■- - - county. NOTE. — This notice should be forwarded with all possible dispatch. In makin;f the apportionment, divide the aggregate amount of funds to be ap- portioned by the aggregate number of cliildren reported iii the county, anc|l niukiply the quotient ('he amount obtained by the division) by tlie number of children reported from any one district, ai>d you have the amount da« said district. NUMBER XVII. Form of Mort^as^e for loaning' Sahool Money, \See sec. ' 1100, 1101, 1102, and 1108.) This Indenture, made this - - day of ^ - - A.D. 18 - , be- tween A. B. and C, his wife, of the County of - - and State of of the first part, and E. F., School Fuad Commissioner for the County of - - in the State of Iowa., of the second part, Witnesseth, That the said party of the first part, for and in coiisideration of the sum of to - - in hand paid, tiic re- ceipt '\vhereof is hereby acknowledged, ha - - granted, bar- gained, sold, and conveyed, and, ^^3- these presents, do - - grant, bargain, sell, and conve}', \mto the said party of tlie second part, and to his sitccessors-- in oflice, the folio^vin;:?; de- scribed tractor ])arcel of land, situated in the county and State aforesaid, to wit: (here describe the h^nd. ) To Haye and to lioM the laud aforesaid, together with all 4 50 FORMS. and singular the improvements, privileges, find appurtenances tliercunto belonging, or in any wise, a])pertaining, to him, the said party of the second part, and to his successors in office, forever : subject, nevertheless, to the following express reser- vations and conditions, to v,"it : Whereas, the said party of the first part ha- - borrovred of the said party of the second part the aboAe sum of pay- able in from the date hereof, with interest thereon at the rate of ten per centum per annran, payable on the first day of January next, and annually thereafter, until paid ; for which said sum, ^vith interest as aforesaid, the said A. B. La - - given obligation l;earing even date herewith : Now, if the said party of tlie fa'st part shall well and truly pay to the said E. F., Ediool "J'^iind Commissioner as aforesaid, or to his successors in olFice, the said sum of mone}^ with the inter- est accrued thereon as aforesaid, then this conveyance shall lie utterly null and void ; but if default shall be n;ade in the jaiymcnts of said suuis of money, principal or interest, or ciihcr of them, tlie part}^ of the second part may proceed by i"oroelosui-e, or in any other lawful irtode, to mahe the amount due, together with costs, including eoliection fee, out of the foresaid real estate. In testimony whereof, the said A. B. and the said C, his wife, hereby relinquishing her dovrer in tlie real estate herein mentioned, subject to the above reservations and conditions, have hereunto set their hands and seals, the date first above written. Executed in presence of a. 11. A. B. [l.s.I I. J. C. [l.s.J State of Iov7a, Count V, 5.5. Before me, CD., Justice of the Peace in and for the county ixiid State aforesaid, personally appeared the above A. B. and C, his wife, jiersonally known to me to be the persons whose Barnes are subscribed to the aforesaid deed as parties thereto, and achnowledsied the siming and sealina: of the above con- Tcyancc to be their voluntary act and deed ; and the said C being made acquainted with the contents of the above con- veyance, achnov/ledged, on an examiination apart from her husband, that she executed the same, and relinquished her dower in the real estate thei-ein mentioned, freely, and witb^ out compulsion, or undue influence of her husband, this - - - day of A.D, 18 - - C. D., Justice, FORMS. 51 NUMBER- XYIII. Form of a nolo, io he used hy the School Fund Comndssion- ers in loaning money. — (^S'ee sec. 1101.) § - - - Office of Scliool Fund Commissioner, - - County, - - 18 - - On or before from date hereof, we or either of us promise to pay to , School Fund Commissioner for the county of , Iowa, or to his successors in office, the sum of , for vahie received, with interest at the rate of ten per centum per annum, payable annually, on the first day of Jan- uary, at the office of said Commissioner, in ; the first payment of interest to be made on the first day of J a,nuary lbllo^Ying the date hereof. A E , C D , E F . NUMBEH XIX. Form of notice to he given hy the School Fund Commission- er to a qualified voter of a school district at the time of its formation. — {See sec. 1105, 1106 and 1109.) School Fund Commissioner's Office, ) county 18 - - ^ To A B , Sir : You are hereby notified that I have formed a school district in Township, numbered and bounded as follows : No. — , bounded, (here insert the boundary.) The first meet- ing of said district will be held at on the , A.D. 18- — at — o'clock A. M. and you are hereby instructed to notify each qualified elector of said disti'ict, in accordance with sec- tion 1110 of the school law, by personal notice as far as conve- nient, and by posting a notice at the place of meeting, and al- so in three other public places in the district, describing the boundaries thereof, of the time and place of said meeting for the election of officers and the transaction of such other busi- ness as may be necessary. C D . School Fund Commissioner of County. •52 iFORMS. NUMBER XX. FoTni of notice of first meeting to he givemipon the forma- tion of a 7ieiD school district. — [See sec. 1110.) Whereas, the School Fund Commissioner of county, Iowa, ha-s formed a school district, to be known as school dis- trict No. — of township, bounded, [here insert the boun- dary,] and has required me to give notice to the qualified elect- ors thereof, of the time and place of holding the first meeting; therefore notice is hereby given that a meeting will be held in said district at , on the day of , A. D. 18 — , at — o'clock A. M., for the election of officers and the tran- saction of such other business as may be necessary. Pated this day of , 18 — . A B . NOTE — In all district elections, the name of the elector should be an- nounced by one of the judges, and recorded as he deposits his ballot. — (See sec. 1111. :number XXI. For in of an order or draft from the President on the Dis- trict Treaswer.-iiSee sec. 1122, 1123, 1121, 1138, 1139 and 1149. No. -- .. * To the Treasur.er of scliool district No. - - Township of Pay to the order of G - - - II , the sum of dollars, out of t]i,e'[here mention the particular fiuul, and the object to which the money is to he applied] in your hands, belonging to school district No,. - -, of Township. Dated ;at -- .-, this - - day of - -. A.D. 18 - - A--- B--- President of school district No. . . township of . Attest, C D , Secretary. ■^Number of order which should alwnjs be given. FORMS. 53 NUMBER XXII. Form of notice for regular district meeting. \_See sec. 1129.] Notice is hereby given to tlie qualified electors of school district No. - -:, in - - Township, that the regular meeting of said district will he held at - -, on the - - day of , 18 - -.. at ... o'clock A.M, for the election of officers [omit the election of officers for meeting in October] and the transaction of other business. Dated at - -, this - - day of -- -,. 18 - -. A - - B - -, Secretary of school district No^ - -, of - - Township. NUMBER XXIII. Form of notice for special district meeting s.\^See sec. 1129 and 1150. Notice is hereby given to the qualified electors of school district No, - -, township of - -, that a special meeting of said district will be held at - -, on the - - day of - -, A. I). 18 - -, for [here mention the object or objects of the meeting.] Dated at - -, this - - day of - -, A. D. 18 - -. A - - B - -. Secretary of school district No. - -, of - - township. 54 FORMS. NUMBER XXIY. 'F-orin of district tax list. \See sec. 1130, 11T3 cmd 1177.] The following is a correct list of the names of persons tax- ed, with the amount due from each, for [here state explicitly the object or objects for which the tax is designed,] in school district No. - -, of - - township, in accordance with the vote of the electors of said district, taken on the - - day of - - A. D. 18 - -. A. B. : |5 00 C. D. : 3 50 E. F. : 9 75 a. H. : 23 26 I. J. : 1 93 K. L. : 7 49 M.N. 73 0. P. : 11 52 Dated at - -, this - - day of - -, A. D. 18 - - xY - - B - -, Secretary of school district No. - -, of - - township. NOTE. — In the absve list simply ihe names and amount are required, but in assessing the tax get a correct transcript of the last assessment roll of the county. NUMBER. XXY. Form of Presidenfs warrant for the collection of district tax. — (*S'ee sec. 1132.) To the secretary of school district. No. - -, township of - -, You are hereby commanded to collect from each of the per- sons named in the district tax list, advertised by you on the - - day of - -, A. D. 18 - -, the sum set opposite their respec- tive names. Dated at - -, this - - day of - -, A. D. 18 - -. A - - B - -, President of school district No. - -, township of - -. Attest, C. D. Secretary. FOIllMS. NUMBS il XXVI. Form of orchr for pajimnt of di-itrlct tax. — (*S'i?e vS^ec. 11-32.) To tlie Secretary of school district No. - -, township of - -: Pay to the order of E. F. treasurer of school district No.--, township of - -, the sum of - - dollars, being the amount of district tax collected by you to the present date. Dated at - -, this - - day of - -, A. D. 18 - -. A - - B - -, President of schojl district No - -, township of - -. Attest, C. D., Secretary. NUMBER XXVII. Form of notice for sale of goods and chattels. — ^ee sec. 11 33. Notice is hereby given that I will, on the - - day of - -, A, D. 18 - -, proceed to sell at public outcry, at , in school district, No. - -, of the township of - -, in the county, of - -, and state of Iowa, to the lughest bidder for cash, the following described goods and chattels, to wit: (here name the goods and chattels,) seized upon by me, by virtue of a war- rant directed to me by the President of said school district, No. - -, to satisfy the sum of - - dollars and - - cents, being the amount of district school tax levied against A. B., of said district, as set fortli in tlie district tax list, advertised by the undersigned, on the - - day of - -, 18 - -, Dated at - -, this - - day of - -, A. D. 18 - -. C- - - D - -. Secretary of school district, No. - -, of the townsliip of - -. 56 FORMS. NUMBEE XXVIII. Form for list of names of persons between 5 and 21 years. [See sec. 1127.) Eliza Smith, daugliter of James Smith. John Smith, son " *' James Burns, " " Joseph E. Burns. Julia A. Smither, ward " Geo. W. Johnson. Charles Jenkins, orphan without guardian. I hereby certify that the foregoing is a correct list of the names of white persons in dist. No. , township of , County of , Iowa, between the, ages of five and twenty- one years. Dated at , this day of 18 — , A. B., Sec. of Sch'l. dist. No. , township of , NOTE. — Tliis list is very important to teachers and district officers in school. Ucaf, dumb, or blind persons should not he included in it.- — (See establishing and executing the necessary' rules for the Government of the chapter 73, for their benefit.) FORMS. 57 I— I X I '^ S 1 o o »o -f O tH O Ut) '^ OC' 1— 1 T-H pi i-o o CO CO -* cq O fM t— G^J r-1 O '^ CO CO o CO CO CO CD o o t— "Z 6 6 6 6 6 r; , T O o -; C o C O C O O O O 4^ o o ^^ ■^ CO S 2 «J ■o OJ .~ =4-1 ^ v ^ ^^ CJ ^~i p^ ^ V; ^' c? c^ « -SH2 CO o I— J1 N >! ( en / C ) — rt \b- '3 <'^ /J (H r! (O rf ■. i-j^ :-• 58 FORMS. NUMBER XXX. Fonn of a deed. — {See sec. 1142.) Know all men by tliese presents tliat A. B. and 0. his ^vife, of the county of- in tUe State of loTva, party of the first, part, for and in consideration of the sum of to them, paid by school district JTo. , of — ■ — township, county and State aforesaid, party of the second part, tlie re- ceipt whereof is hereby acknowled;;red, do hereby grant, bar- gain, sell and convey to the said party of the second part and their assigns forever, the following described parcel of land — namely : (here describe the land) together with all the privi- leges and appurtenances thereivnto belonging ; to have an Director - . Teacher. G - - X - II - In presence of I - - J - -, K - - L - - , NOTE. — The above form should bo slightly varied when part of the 6 FORMS. money is paid by suhscription, so as to state the proportion thus to be paid. File a copy of the agreement. As each board are authorized to examine their own teacher, it is not necessary to give him a certificate. NUMBER XXXll. Fomi of a Lease. — {/See section 1142.) Know all men by these presents, that A. B. of the township part, for the consideration herein after mentioned, does hereby of - - , in the county of - - , and State of Iowa, of the first lease unto school district, No. - - , of township - - , county and State aforesaid, party of the second part, and their assigns, the following parcel of land, (here describe the land) with all the privileges and appurtenance thereunto be- longing ; to have and to hold the same for and during the term of • , from the - - day of - - . A.D. 18 — . And tlie said party of the second part, as school directors for the district aforesaid, for themselves- and their successors in office, do covenant and agree to pay the said party of the first part, for the said premises, the annual (pr monthly as the ease may be) rent of - - - dollars. In testimony whereof, the said parties have hereunto set their hands and seals, this - - day of - - , A.D. 18-. A - - B - - , Lessor, [seal.] C - - D - - , [seal. E - - F - - , 'SEAL.^ a - - H - - , [SEAL.^ Directors of school district. No, - - of - - township. In presence of I - - J - - , K - - L - - . NOTE. — Pietain a copy of the lease on file in the Secretary's office. FORMS. 61 NUMBER XXXllI. Form of bond for district treasurer and secretary. — (*S'ee section 1144.) Know all men by these presents, that we A. B., C. D., and E. F. of the county of - - in the State of loAva, are held and firmly bound unto school district, No. of the town- ship of in the county of , and State of Iowa, in the penal sum of dollars for the payment of which well and truly to be made and done we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals and dated this day of , A.E>. 18— The condition of the above obligation is such, that whereas the above bound A, B. was on the day of 18 - duly (elected or appointed treasurer or secretary, as the case may be) in and for school district No. , of the township of , in the county of , and State of Iowa. Now should the said A.. B., (secretary or treasurer) as aforesaid, discharge his duties, as required by law and make a faithful application of all moneys that may come into his hands by vir- tue of his said office, then the above obligation to be null and void, otherwise to be and remain in full force and virtue in law. A B , [seal] C D ,[sealJ E F , [sealJ NOTE — The oath required by sec. 1113 should be taken at the time of executing this bond, and should be endorsed upon it. The bond tlius executed should be filed with the President before the officer enters upon his duties. In case an officer holds over beyond the term of his election, lie must re- new his bond and oath. 62 FORMS. PLUMBER XXXIV. Form for Teachers' daily register. — (*%£ sec. 1147.) *Xi G o H 03 P 3 S Ft" o ^ 0- P ri o 2- CD p • '^ -^ uO f^ =.i:^f;0 O C CT " t; - c: ri t-< t^. fcB 2 .>-. Is' :h^ .— CJ U '1' o ^ P C rt O t; S o P= is 2 H ^< G *-< " Ci- o^ !? C? ^ !- C 0, ::^ c^ bS u o a< o - >- p ■-d o o^ a o - * m K O g O -< "^ il» r/, ^ "l" .2 • 0;; a ^•2 - "2 I d O S f- 5 " O ^° S^ << 1- ^ ^ - t; C uj S -a 64 FORMS. NUMBER XXXVI. Form for appoint7nent of Directors. — (>S'ee Sec. 1151.) The undersigned, directors in and for school district, No. . ., of . . township, do hereby appoint A. B. (President, secretary or treasurer as the case may be) of said district, to fill the va- cancy created by the (removal, resignation or death, as the case may be) of C. D., the late incumbent. Dated this . . day of . .. A. D. 18 . . E . . F . ., Q . . H . ., Directors of school district, No. . ., of . . township. NOTE — For other cause of vacancy see sec. 1169, and for mode of ap- pointment when aZZthe offices are vacant see sec. 1168. NUMBER XXXVII. F^onnfor aj)point7nent of arbitrators. — {See sec.. 1155.) Office of School Fund Oommissioner, ) . . . County, . . . 18 . . \ I hereby appoint C D., E. F. and Gr. H., arbitrators to settle the dispute now pending between school district No. of township, and school district No. — , of — township, to wit : [here state the matter at issue.] They will make due return of their decision to this office, as required by law. A. B. School Commissioner of county. NOTE. — Arbitrators cannot settle a dispute as to houndary, but simply ae to money or propertij, giving the injured party -Esuch damages '■^ as justice and equity may require." FORMS. Gii NUxMBERXXXVIlI. Form of draft by the President on the School Fund Com- missioner. {See sec. 1122 and 1140.) To the Scliool Fund Commissioner of comity, loAva: Pay to the order of D E , treasurer, of school district No. , township of , the sum of dol- lars, being the amount due said district according to notice received from your office, dated , A. D. 18—. A B . President of school district No. . . township of . Attest, C D . Secretary. NUMBER XXXIX. Form for award of Arbitrators. {Sec sec. 1155.) "We, the undersigned, arbitrators, appointed by the School Fund Commissioner, of county, Iowa, on the day of 18 , in the case then pending between school No. of township, and school district No. — , of township, having heard the testimony of the respective par- ties, render the following as our award: (here state the deci- sion at length.) Witness our hands, this dav of , 18 — . G. D. ) E. F. V Arbitrators. G. H. S NOTE.' — Arbitrators should make their return to Ihe Commissioner with- out delay. 66 FORMS. NUMBER XL. Form for notice to Fund Commissioner where districts wish to he united. {See sec. 1166.) I hereby certify tbat the qualified electors of school district No. , of township, at a meeting held for that pur- pose, on the day of , 18 . ., signified their assent by a vote taken as prescribed by law, to be united with school district No. — •— , of township. Witness my hand, this day of , 18 . . A. B. Secretary of school district No. , of township. NOTE. — The Secretary of each district desiring to be united, should file a certificate of this character with the Fund Commissioner. NUMBER XLl. Form for order of Fund Commissioner to unite districts. {See sec. 1165.) Office of School Fund Commissioner, ) county, 18 . . ) Notice is hereby given that I he.ve this day united school district No. , of township, and school district No. , of township into one district, to be known by the name and style of school district No. — of township, as requested by official information on file in this office from the respective secretaries of said districts. And I hereby appoint and require C. D. to give notice, in accordance with Sec. 1110, that a meeting will be held in said new district on the day of ■ 18 — at for the election of officers. A. B., School Fund Commissioner of county. NOTE. — Notice will be given, and the officers elected and qualified as in case of the formation of a new district. (See sec. 1110, '11, '12, and '13.) The officers of the respective districts united v/ill continue to discharge their duties until the officers of tKe new district have given bond, and taken the oath of office, and should tlien deliver the books, papers and funds of their respective districts to the officers of said new district. Send a copy of thia notice to the secretary of each district affected. FORMS. 67 NUMBER XLU. Form for allowance for salary to Fund Commissioners. {See sec. 1174, 11T5, and 1176.) We, the undersigned, having examined the books and ac- counts of A. B., School Fund Commissioner in and for the county of Iowa, hereby allow him the sum of as sa- lary from the first day of April A.D. 18 — to the thirty-first day of March A.D. 18 — , and the sum of , as contingent expenses for the same period. Witness our hands this day of 18 — . C. D., Clk. Dist. Court. E. F., Sheriff. Gr. H., Pros. Atty. NUMBER XLIII. Form for notice to Fund Com,m,issioner. {See requirement of Superintendent.) I hereby certify that I have this day, to wit, the day of , 18 — , administered the oath of office to C. D., E. F. and G. H., directors of school district No. of ■ township, and that said E. F. and G. H., secretary and trea- surer, have filed their bonds with the president of said dis- trict, as required by Iqay. A. B., Justice of the Peace. NOTE. — The directors of each school district will file this certifieate with the Fund Commissioner immediately after their qualification. 6'8 ~ FORMS. JSUMBEPw XLIV. Foryn for interest report to Superintendent of Public Instruction. {tSee requirement of Super mtendent^ Office of School Fund Commissioner. \ - - . County, , 18—. ' \ Sir — The total amount of interest collected at this office for the period commencing January 1st, and ending December 31st, 18— is - ' - . $325,50 Collected on delinquency of previous years, 34,60 aV^tal amount, - - — • $360,10 Amount allowed for salary from April 1, 18—, to March 31, 18— - 135,00 " " contingent expenses, 13,50 148,50 Amount on hand for distribution, - - - $211,60 Amount uncollected, - - . - 13,50 A. B., School Fund Commissioner of County, To , Sup. Pub. Instruction. NOTE. — This report should be made from the first to the 10th of Janu- ary, in order that it may reach the iSuperintendent in time for the appor- tionment on the 25th of January. Fund commissioners should be prompt in the collection ©f interest, and show no lenity, save that which is granted bv the law, (See sec. 1051, 1U52, and 1075.) NUMBER XLV. Form for appointment of district officers. {&ee sec. 1168.) Office of School Fund Commissioner, / country, , 18 — . \ Information having been filed in this office by C. D., E. F. and G. 11., qualified electors of school district No. of — township, that said district is without officers, as re- quired by law, I hereby appoint I. J., president, K. L., secre- tary, and M. N., treasurer of said district, till the next regu- lar district election therein. A. B., School Fund Commissioner of County. NOTE. — Deliver the appointment to any one of the officers, and request him to nntify "«'- 1" „ , ,, 1 I have often found It difliciiii i.i.lr.i.l,- l,>i«,rii ilir ,,1:11,1, merits of dif- ferent works. 1 Inn,. ,„l„|,i„l i|i„M iihi,!, I iliiiik at least equal m style and aVrangcineiit to any 1 have seen, and per- haps better adapted to our portion of the country. • Till. hicliCT Aritlimrtio la dMlgnt..! for adeuiictj Imuil,, aiij will iiUo be Annual Report of the Secretary of School District No. NUMBER XLVIir. Form for Amhtal Report of District Sccretarij.—{See section 1 136.) - — Township, to the School Fund Comnii-s.sioner of - — ~ county, Iowa, for the period commencing - -, 18 , and ending . $20,00 $12,00 g; 3 j Aggregate amount paid I g'jteachera (luring Ihe year, ■^ *i& tlieaource from whence Sjtbe same was received. $93,00 §37,00 .'Number of diatrict school g- B liouscs an,d of wliat mate- rial constructed. Cost ©f each district school | Jiouse. iErection of School! Contingent Number of private literary inslilutioua in tfic 5,00 810,00 AcftdcmicB. i M)ilc. Female, School! EngUih'Frenoh iSpelling, Heo.ling, IWriting, Arithmetic, |Geography, iEnglish Crmmmar, nistoiy, lElementary Astronomy, \\ 'Drawing. iM looks mcl in SoKooti of tlie DiRlrlct. Sander's Primers and Readers. Winchester'a I'enmanship. Colburn's 1st Lessons in jVrithmolie. Perkin's Elementary " Mitchell's Intermemate Geography. Mit..li,.l's Sclm,.I 'i and Atlas. Ii i.f, -r il,,riiile.lSlatos. I hereby certify that the foregoing statement is correct. Seliool Fund Commissioner of - ^i.iM "N I I I ,, ■, \s(ronomy. L'l.il.lilii.t j;„ukiii ll,a«ilig. Secretary of School District No , of Township. ~ NOTE The filin.^ of this renort is the most important duty the Seeretavy has to perform. It may be made out long enough prior to the day specified to give him time^to file it on that day with the Fund Commissioner. In ease be wilfully neglect, to do so th^f r";;Uent sho'lui instit«rsuit against him ?or damsgej. (See See. 1137.) I't is desirable that all the information required should be given. To fand average ninnber who attend school, see note to lorm XXXH. NUMBER XLIX. Form for Fund Commissioner's Annual Report. (See sees. 1092 and HOT.) Annual Report of tlie School Fund Commissioner of • County, Iowa, to tlie Superintendent of Public Instruction, for tlie period commencing ■ , 18 - , and ending - 1 Z K g 1 Z[ 21 ~=~?~~i i T -^,5-T- No. of tt.cl>erJ *y,"'f JS'"- » 2, ■Ej § I Aggregate amount paid ^ 5- teachers during the year, ^ ^ 'Number of district school g- a houses and of what mate- Amount raised in b« district during the year by ll's Number of private hlerary instilutiona in cacli TOWNSHIP. I? tj Ij^ g s •< - and tlie sour ■ o 'the same wa e from wliicl) received. rial constructed. pi Branches t.iuirht in SchoolH of the County. MT month. Colleges. Contingent Academies Schools. 5 district GCliooh 1 ^ dumber Organized Unor- ganized 1 ? z •2 Male. Female Male. Female. 1 5 Teaclipi's fund. Voluntary subscriplion fr Brick. Stone. Wood. houses. eipenses. Library. "2. 1? Mflle. Female English French Germin " , Spelling, ISandei-'s Primers and Readers. 3 4 3 Wasliington. 23 1 16 1 §12,00 §7,00 75 14 §34,00 §68,00 §5,00 1 §350,00 §85,00 §10,00 §5,00 1 ' 1 1 lli-iidmg, I'VVilicliostov-s Peniiiansllip. AVritiiig, r„llmr./' II l.r'^sousin Ai'itlimctic. ^ '■ 44 1 35 1 ?24,00 ?9,00 120 20 §75,00 §32,00 §1,25 ■1 §700,00. ■..: §124,00 §28,00 §20,00 1 1 1 Arithmetic,, jl'n! i. 1'. . ' iry " Geography, |Mii , 1 l:i .liiito Gcograpliy. English Grammw, Jlii, hri , , , i 1 ' " and Atlas. History, Wil.f.in'.s Ili^;l.lry of the United States. 4 2 1 Marion. S3 1 43 1 ?21,00 §11,00 90 50 §65,00 §24,00 1 §400,00 <► §275,00 §17,00 §9,00 1 1 Elementary Astronomy, Well's School Grammar. Drawing. ' iMattison's Elementary Astronomy. Cliild's first Book in Drawing. A B 1 School Fund Commissioner of County. NOTE.-This report should he promptly forwarded to the Superintendent, in order that he may receiye it in time for his report to the General Asseinhlj'. It will be perceived that I htvre omitted the names of teaolicrs, »nd appropriated the column to books. The Fund CommUsioaers will please giye aa accurately as possible a list of the school books used in the county and the branches taught. The columns from tho 5th column to the right mclusiYC correspond with those of the Secretary s annual report. RULES. 8X Uules established by the Superintendent of Public Instrua" tionfor the Government of School Officers, in conformity with Section 1084. 1. No School Furxd Commissioner will be recognized as such by the Superintendent of Public Instruction, until he files with him a certificate from the proper officer, of his elec- tion or appointment and qualification. [See Form XIII.] 2. No property, the value of which consists chiefly in such improvements as are liable to destruction by fire or other- wise, shall be taken as security for money loaned, as required by sections 1101 and 1102, unless the same is insured at the expense of the loanee for the full amount of the loan, principal and interest, and for the time it is efi"ected. 3. The recordor's fee for recording mortgages given to se- cure money loaned by the Fund Commissioners, shall be paid by the loanee and deducted from the amount of the loan. 4. No charge shall be made by a Fund Commissioner for administering the necessary oaths in the transaction of his official business. 5. All expenses incurred by Fund Commissioners in the collection of interest, as contemplated in sections 1052 and 1075, shall be paid by the loanee. 6. When a petition is presented, in compliance with sec- tion 1105, for the alteration of a school district, the Fund Commissioner shall endorse upon it the date of presentation, file it in his office, and suspend further action thereon for twenty days. He shall immediately forward a written notice of the fact, to the secretary of each district affected by such alteration. 7. During the said twenty days, should any one of the districts thus affected present a counter petition of two- thirds of the legal voters he shall suspend ail further action in the matter, so far as that particular change is concerned ; 6 82 RULES. but in case no such counter jretititu or remcEstiaLce is presented, he shall proceed to make the alteration, and shall give notice as required by section 1171. In case a new pe- tition is presented by either of said districts, asking a dif- ferent alteration, it shall be dealt with in like manner. 8. Should he entertain doubts as to whether the petition is signed by two-thirds of the legal voters of the district, he may require the official certificate of the Secretary thereof of the fact, or such other testimony as may be satisfactory. 9. No petition becomes compulsory upon the Fund Com- missioner, unless it conforms to the requirements of the law in the foregoing particulars. 10. The above regulations refer only to petitions of two thirds of the legal voters of a district. 11. Petitions presented by less than two-thirds of the legal voters for an alteration of the boundaries of a district, may be granted or rejected, at the option of the Commis- sioner ; but such alterations are placed upon an equal footing with those made without a petition. 12. The Fund Commissioner may change the boundaries of a district without a petition, when he is satisfied that the convenience of the inhabitants requires it. 13. He shall procure a map of the county, and delineate the municipal townships and school districts upon it, and shall also make a correct record of the formation and all alter ations of school districts, in a book provided for that purpose.* 14. All applications for the formation of a district from parts of two or more adjoining counties, shall be made in writing, and filed with some of the respective Fund Commis- sioners concerned. 15. The Commissioner with whom the application is filed, shall endorse upon it the date of presentation, and immediately give notice to the other Commissioners. 16. Should a petition of two-thirds of the legal voters of any one of the districts afiected be presented adverse to the formation of said new district within thirty days after the presentation of the aforesaid application, all further action * NOTE. — It is not necessary that the map should be projected with a great deal of accuracy, but in a cheap plain style. The limits of school dis- tricts should be defined with a pencil, in order that they may be obliterated .^ith india-rubber, when alterations are made. xiULES. phall be suspended, but in case no such petition is presented Tvithin tlie time specified, the respective Fund Comndssioners may grant the application if thcj deem it expedient. IT. The proceedings in all such Cfises ehall he recorded by each of the Fund Commissioners concei'ned. 18. Between the first and tenth day of January of each year, the Fund Commissioners shall report to the Superinten- dent of Public Instruction the amount of interest collected and on hand for distribution. [See Form XLTV^] 19. From and after the first day of April, A.D. 185*2, school directors shall, immediately after their election or appointment and qualification, file a certificate of tlie fact from some justice of the peace, with the Fund Commissioner, and the Commissioner shall not pay any school money totlic dis- trict treasurer until the foregoing requisition is complied with.t [See Form XLIII.J 20. The Secretary and Treasurer of a school district shall not enter upon their respective duties until they have taken the necessary oath of office, and filed their bonds as required by law. 21. Fund Commissioners and Di«trict Officers who are re- elected, or hold over another term by reason of the non-elec- tion of a successor, or for the neglect or the refusal of the suc- cessor to qualify, shall qualify ancAV as required respectively in sections 1 090; and 1113. (See sec. 338 of the code.) 83 t NOTE. — Tliis reqnirenr'nt is dpsigripd for the mutual prit^ction of Fund Con)!nissioners and school districts, as it will prevent the pavrnent of school money to persons not legally au'luiriz '"d to receive it In order that it may not interfere with the payments in March next, it is made t > take efFfCt on the first day of April f illowing. SCHOOL LANDS IN UNORGANISED COUNTIES. JOINT RESOLUTION anthorizing the Governor to protect School, University, Saline and Swamp Lands, against waste. Resolved hy ilte General Astseifihli/ of the Slate of Iowa, That the Governor i«! hereby authorized and empowcied to in- 84 RULES. stitute such regulations as lie may think proper, for the pro- tection of school, university, saline and swamp lands, which have been selected in the unorganized counties, against waste. Approved February 5th, 1851. UNIVERSITY LANDS. The Fund Commissioners in the several counties are autho- rized and requested by a resolution of the Board of Trustees of the State University to protect the University lands against waste, xin authentic list of these lands will be furnished them in due time, and it is hoped that they will receive prompt attention. To School Fund Commissioners: — The Superintendent begs leave to suggest to Fund Commissioners that much trouble may be avoided in the al- teration of school districts by refusing to make any change unless they conceive it absolutely necessary, or are driven to it by the presentation of petitions. The inconvenience of al- tering the boundaries of school districts to accommodate one or two isolated families, who cannot send their children to school in their own district, may be obviated by an arrange- ment between the respective Boards of Directors of adjoining districts as provided in section 1143, and where this can be done, no change ought to be made if it can be avoided. All these changes, however trivial, are detrimental to the best in=- terests of the districts concerned, and are often attended with serious consequences. TO CORRESPONDENTS. Correspondents will please remember that the Superintend- ent is necessarily absent from his office a large portion of his time, and consequently communications addressed to him of- ten remain unanswered for weeks or months. They may rest assured therefore in case of delay, that it is caused by other' conflicting duties which demand his immediate attention. CIKCULAR. 85 OiSce of Superintendent of Public Instruction, Io-\Ya City, Iowa, Nov. oil, 1851. To Fund Coriimissioners and School Directors. This pamphlet has been prepared with great care by the undersigned; in accordance Tvith the requirements of section 1085, of the school law. It will be observed that the arrange- ment of the new code has been adopted in printing the several acts on the subject of education, so that the chapters, sections and notes correspond precisely. It is hoped that the forego- ing forms and instructions will aid school officers in the ad- ministration of the law, and render their official duties less intricate and difficult to perform. Complaint is often made that the law is ambiguous and difficult of comprehension. This impression is in part correct, but to a very considerable extent imaginary. The truth is, that many of those who complain have not made themselves sufficiently acquainted with it to form any correct conclusion concerning it. If officers wish to understand it, they must study it, not in part only, but in detail. The objects had in view in the publication of this pamphlet will not be attained, unless school officers familiarize themselves with its entire contents. And I would here remark, that frequent reference to other portions of the code, will aid very much in giving a correct construction to the school law. For the benefit of those who have not had an opportunity .of becoming acquainted with the legislation of our State on the subject of education, I would add, that the first law for the establishm-ent of a system of common schools, was adopted by our Territorial Legislature, on the loth of Januar}'-, 1840, and immediately subsequent to our admission into the Union, it was revised and perpetuated by the supplemental act of February 25th, 1847. In this form it continued in force until •superseded by the act of .January 15th, 1849. By a joint re- 86 CIRCULAR. solution of tlie General Assembly, approved February 5£h. 1851, the law last mentioned, with some slight amendments, was made a part of the " Code of Iowa," and as such it is pre- sented in the foregoing chapters. The general features of these several acts are essentially the same, but such altera- tions have been made from time to time, as the rapid influx of population, the increased demand for a more extended plan of operation, and the development of our educational resources seemed to require. An earnest appeal is made, therefore, in behalf of those e-ntrusted Avith the management of our school system, with the full assurance that it will not be in vain, to the wisdom and patriotism of our citizens, to co-operate with us in sustaining, at all. hazards, that most essential of all our interests — popu- lar education. While many other objects of importance en- gross their attention, and call loudly for the exercise of their philantliropy, let it not be forgotten that no one tiling vrill accomplish more towards rendering us prosperous and happy than the education of our youth, I am very respectfully, Your obedient servant, THOS. H. BENTON, Jr., Super int. "h dent of Puhlic Instruction, £^£^ This Pamphlet will become the properfy of the dis- trict to u'hicJi it is: given, and. must he delivered In/ the direc- tors to their successors in office. LIBRARY OF CONGRESS mM- 020 312 033 3 > rm^^^'^f^m^'^- 7^^&'-^''^ -'^^'^^ f