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In force when.

with the provisions of this act, are hereby declared effectual and valid in law, and to be evidence in any courts of this State.

Sec. 3. This act, being deemed of immediate importance, shall take effect and be in force from and after its publication in the State Register, and State Leader, newspapers published at Des Moines, Iowa.

Approved, April 6th, 1872.

I hereby certify that the foregoing act was published in the Daily State Leader, April 9, and in the Daily Iowa State Register, April 10, 1872.

ED WRIGHT, Secretary of State.

Ch. 77.]

CHAPTER XXXIII.

[S. F. 171.

REGULATING RAILROAD CROSSINGS NEAR THE MISSISSIPPI.

APRIL 6.

AN ACT to Regulate the Intersection of Railroad Tracks near

the Mississippi River.

river to be above high water.

of saioand maintain itse "track or trackiver.

SECTION 1. Be it enacted by the General Assembly Tracks at rail of the State of Iowa, That whenever it shall be necesnear Mississippi sary for any railroad company in the construction of its

o road to cross the track or tracks of any other railroad com

pany, upon or near the shore of the Mississippi river, each of said railroad companies shall be required so to construct and maintain its respective road-bed at the point of said crossings, that the track or tracks of each shall be above the level of high water of said river.

Sec. 2. Provided, That when such crossings occur

within the limits of cities of six thousand inhabitants or ity of courcils of upwards, nothing herein contained shall deprive the city 6,000 people council of such city of the right to fix and establish the

elevation of grades at such crossings.

Sec. 3. This act, being deemed of immediate importance, shall take effect from and after its publication in the Iowa State Register and the State Leader, newspapers published in Des Moines, Iowa.

Approved, April 6th, 1872.

Proviso: author

cities of over

In force when,

I hereby certify that the foregoing act was published in the Daily State Leader, April 9, and in the Daily Iowa State Register, April 10, 1872.

ED WRIGHT, Secretary of State.

Ch. 86.]

CHAPTER XXXIV.

CH. F. 197.

PROTECTION OF THE SCHOOL-FUND.

AN ACT Making Counties responsible for the Collection and Pay- APRIL 6.

ment of School-fund Interest, and to Amend an Act for the better Protection of the School-fund, approved, April 8th, 9 G. A. : ch. 148. 1862.

ditor,

Settlement with

* fund accounts,

SECTION 1. Be it enacted by the General Assembly Duty of the Auof the State of Iowa, That it shall be the duty of the Auditor of State to designate and employ some competent person or persons to visit the several counties of the State, whose school-fund accounts remain unadjusted, and effect a complete settlement of said accounts, under the countie directions and instructions of said Auditor of State; and justed school. [he] shall ascertain and determine the true amount of the permanent school-fund in said counties, and shall make two final settlement sheets showing the same, one of which shall be filed in the office of the county auditor, and one in the office of the Auditor of State: said settlements to be approved by the county auditor on the part Approval of setof the county, and by the Auditor of State on behalf of tlement. the State.

Sec. 2. For the purpose of defraying the expenses which may be necessarily incurred in effecting the settlements provided for in the foregoing section of this act, there is hereby appropriated from the State treasury the sum of two thousand dollars, or so much thereof as may $2,000 appropribe necessary, to be expended under the direction of the Auditor of State, who shall take vouchers for each item of expenditure, and make a report of the same to the Report of same. General Assembly in his biennial report.

Seo. 3. On and after the first day of January, A. D. After Jan. 1, 1874, the boards of supervisors of the several counties shall have sole control and management of all loans on control of school. mortgages then held, or thereafter made, and shall, when necessary, have them foreclosed at the expense of the county; and any losses sustained or gains realized, upon made good by, foreclosures and re-sales of mortgaged property, shall be and gainen made good by, or inure to the benefit of, the county, as counties. the case may be: Provided, however, That upon a foreclosure of contracts, when the land is bid in by the county, the Auditor of State, as soon as notified by the County to recounty auditor that the foreclosure has been effected, and lands are bid in the lands bid in, shall give the county credit for the and to be charged original amount of the notes remaining unpaid; and on an

ated.

Auditpenditure, and n his biennial reprof January,

1874, boards of pervisors to have

Losses to be

ceive credit when

on foreclosure, and to be charged amount of re-sale

auditor to charge

cent, interest.

being 'notified by the county auditor that a re-sale has been effected, he shall charge the county with the full amount of re-sale; but when the land is purchased by a third party on the foreclosure, for a less amount than

due on the contract notes, the loss shall be sustained by Annual report of the county. County auditors shall report annually on the sales.

first day of January, the amounts of all sales and re-sales

of the 16th section, 500,000 acre grant, and escheated esAuditor of State tates made the year previous; and the Auditor of State to charge same. shall charge up the same to said counties, and also

charge interest on the same from the date of said sales or re-sales, at the rate of eight per cent. per annum.

Sec. 4. On and after the first day of January, A. D. From Jan 1,1874, 1874, the Auditor of State shall charge up, to each county counties per having permanent school-fund under its control, interest

on the whole amount in said county, at the rate of eight per cent. per annum, semi-annually, on the first day of January and July of each year, which amount so charged shall become due and payable on the first days of January and July of the year following, and be embraced in the semi-annual apportionment of interest collected for the year 1875, and each year thereafter, and shall be deemed the whole amount due from each county on account of

interest accrued subsequent to the first day of January, Disposition of 1874. Any surplus of interest collected, over the eight surplus interest.

per cent. charged to the counties, shall be paid into the county treasury for the benefit of the county. If any county should fail to collect the full amount of interest

due the State, the deficiency shall be advanced from the Penalty for do- county treasury, and if any county becomes delinquent in

the payment of the full amount of interest due the State, the Auditor of State shall charge to, and collect from, such county a penalty of one per cent. per month on the amount delinquent until paid..

Seo. 5. Section 2 of chapter 118, acts of the Tenth 1864: ch. 118, 82, General Assembly, is hereby repealed; and hereafter,

whenever there are funds belonging to the permanent school-fund in any county amounting to one thousand dollars, that cannot be loaned according to law, the county

auditor may certify the fact to the Auditor of State, who The Auditor to shall order a transfer of said funds to some other county, funds from one or counties, where in his opinion it can be loaned readily.

- Upon such transfer being made, the Auditor of State

shall give the county making the transfer credit for the amount transferred, and shall charge the county or counties to which the transfer is made with the amount transferred; and shall afterwards charge interest on the actual amount in possession of each county.

linquency.

repealed.

transfer surplus

county to another in certain cases.

reports continu.

SEQ. 6. The county auditors shall continue to report Semi-annual to the Auditor of State semi-annually, as now required by edtill when. law, the amount of interest collected and which accrued previous to the first day of January, A. D. 18:4, until the amount of interest due up to that date has been collected. The amount collected from time to time shall be added to the semi-annual apportionment of interest heretofore provided for. The county auditor shall also embrace in said reports, in the year 1875 and thereafter, the amount of interest collected, and which accrued subsequent to the first day of January, 1874, in a separate item.

Seo. 7. Nothing in this act shall be so construed as Law relating to in any way to change the rules now prescribed by law for changed regulating the loaning of the school-fund, or the rate of interest charged thereon.

Approved, April 9th, 1872.

loaning fund not

Ch. 87.]

CHAPTER XXXV.

[H. F. 265.

THE NEW CAPITOL.

APRIL 10.

AN ACT to Amend the Act to provide a State Capitol, approved

April 13, 1870, and making an appropriation therefor.

1870 : ch. 110.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the first section of the Act to provide a State capitol, approved April 13, 1870, is Board of comhereby so amended as to read as follows: That there is missioners

reduced to 5, and hereby established a Board of Commissioners, consisting designated. of the Governor, who shall be ex-officio president of the Board, John G. Foote, of Des Moines county, Maturin L. Bonds. Fisher, of Clayton county, R. S. Finkbine and Peter A. Dey, of Johnson county. Said Board shall be charged with the execution of the provisions of law in respect to the erection of the capitol; and each member, with the exception of the Governor, shall give bonds to the State in the sum of fifty thousand dollars for the honest and faithful performance of his duties as such Commissioner, which bonds shall be deposited with and kept by the Sec- . retary of State, and each Commissioner shall also keep Rev.: $ 2180. and sign the oath prescribed by section two thousand one hundred and eighty of the Revision of 1860, which shall

said Boaress; and material oned with

Quorum.

tion to be

improper material removed,

Limitation.

be filed with and kept by the Auditor of State. A majority of said Board shall constitute a quorum for the

transaction of business; and it shall be their duty to cause Present founda. the present foundation and material on hand to be careInspected, and fully and skillfully inspected and examined with regard to

teri- the quality of the material, and the character of the work;

and shall cause to be changed, rejected, and removed any
part thereof that in their judgment does not conform to a
proper standard of material and workmanship. And the
estimated value of such rejected portions shall not be
considered in determining the amount authorized to be
expended in the construction of said building. Said Com-
missioners shall make no contract or contracts by which,
in the aggregate, the State shall be bound beyond the
rum of one million, three hundred and eighty thousand
($1,380,000) [dollarsand shall direct all their action with
a view to the completion of the building for the sum of
one million five hundred thousand dollars.

SEO. 2. There is hereby appropriated, out of any Annual appro- money in the treasury not otherwise appropriated, the

sum of one hundred thousand [dollars ($100,000) for the year 1872, and one hundred and twenty-five thousand (dollars] ($125,000) to be paid annually tħereafter for the prosecution of the work on the capitol in the manner provided by law..

Seo. 3. This act shall take effect from and after its In force when. publication in the State Register, and Leader, newspa

pers published at Des Moines, Iowa.

Approved, April 10th, 1872.

priation.

I hereby certify that the foregoing act was published in the Daily State Leader, April 10, and in the Daily Iowa State Register, April 11, 1872.

ED WRIGHT, Secretary of State.

Ch. 88.]

CHAPTER XXXVI.

[S. F. 156.

LEGALIZING CORPORATIONS FOR PECUNIARY PROFIT.

APRIL 10, AN ACT to Legalize Corporations for Pecuniary Profit organ

ized under the Provisions of Chapter Fifty-two of the Revision Rev. ch. 52,1870:

of 1860, as amended by Chapter One hundred and seventy-two ch, 172.

of the Act of the Thirteenth General Assembly.

SECTION 1. Be it enacted by the General Assembly of the State of Iowa, That the acts, proceedings, doings, and contracts of all incorporations for pecuniary profit

Acts of corpora. tions falling to

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