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[CH. 151.

are sold for more than the unpaid portion of the principal, the excess shall be applied to reimburse the county for the costs of foreclosure and the interest paid by the county to the state by reason of default of payment of same by the makers of the notes, previous to the time when the right of redemption has expired, not, however, to exceed three years. Any excess over and above the amount of the unpaid portion of the principal, costs of foreclosure and interest on the principal as above provided, shall inure to the state and be credited to the permanent school fund account. If the lands shall be sold for a less amount than the unpaid portion of the principal, the loss shall be sustained by the county, and the board of supervisors shall at once order the amount of such loss transferred from the general fund of the county to the permanent school fund account. County auditors shall, on or before the first day of January of each year, report to the auditor of state the amount of all sales and re-sales made during the year previous, of the sixteenth section, five hundred thousand acres grant, escheat estates, and lands taken under foreclosure of school fund mortgages, and the auditor of state shall charge the same to the counties with interest from the date of such sale or re-sale to January first, at the rate of four and one-half per cent per annum. The auditor of state shall, also, on the first day of January, charge to each county having permanent school funds under its control, interest thereon at the rate of four and one-half per cent per annum for the preceding year, or such part thereof as such funds shall have been in the control of the county, which shall be taken as the whole amount of interest due from each county. All interest collected above the four and one-half per cent charged by the state shall be transferred to the general county fund. If any county fails or refuses to collect the amount of interest due the state, the deficiency shall be paid to the state from the general county fund. Any county delinquent in the payment of interest due the state shall be charged one per cent per month on the amount delinquent until paid. County auditors shall, upon the first day of January of each year, report to the auditor of state the amount of rents collected during the preceding year on unsold school lands and lands taken under foreclosure of school fund mortgages then in the hands of the county treasurer, and the auditor of state shall include the amount so reported in his semi-annual apportionment of interest."

SEC. 2. Repealed-county auditor to report. That section twenty-eight hundred and nine (2809) of the code, relating to the school fund, be and the same is hereby repealed and the following enacted in lieu thereof:

"The county auditor, shall on the first Monday in January of each year, forward to the superintendent of public instruction a certificate of the election or appointment and qualification of the county superintendent, and shall also on the first day of January of each year make out and transmit to the auditor of state, in accordance with such forms as said auditor may prescribe, a report of the amount of permanent school fund held by the county and also the amount of interest due prior to January first, still remaining unpaid, and shall file said report with the auditor of state on or before the first day of February." SEC. 3. Apportionment of interest and rents. That section twenty-eight hundred and eight (2808) of the code supplement, relating to the interest on the permanent school fund, be and the same is hereby amended by striking out the words "fourth" and "September" in the second line of said section and inserting in lieu thereof the words "first" and "October"; and also by adding after the word "fund" in the fourth line the words "and rents on unsold school lands", and by adding after the word "entitled" in the fourth line the words "as shown in notice from the auditor of state".

SEC. 4. Compensation of county auditor. That section twenty-eight hundred and fifty (2850) of the code, relating to the permanent school fund, be

CH. 152]

LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY.

and the same is hereby amended by adding after the word "services" in the fifteenth line the words "in addition to his salary".

SEC. 5. In effect. This act, being deemed of immediate importance, shall take effect and be in force from and after its publication in the Register and Leader and the Des Moines Capital, newspapers published in Des Moines, Iowa. Approved April 10, A. D. 1907.

I hereby certify that the foregoing act was published in the Des Moines Capital, April 15, 1907, and the Register and Leader, April 16, 1907.

W. C. HAYWARD,
Secretary of State.

CHAPTER 152.

BONDS OF SCHOOL CORPORATIONS.

S. F. 271.

AN ACT to repeal chapter one hundred and forty (140), laws of the Thirty-first General Assembly, relative to bonds of school corporations, and enacting a substitute therefor.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Repealed. That chapter one hundred and forty (140), laws of the Thirty-first General Assembly, be and the same is hereby repealed and the following sections enacted in lieu thereof:

"SEC. 2. School funding bonds. The board of directors of any school corporation may issue the bonds of said school corporation to pay any judgment against said school corporation or any indebtedness represented by bonds heretofore lawfully issued. Said bonds shall be known as school funding bonds and shall be authorized by resolution of the board. The proceeds derived from said bonds shall be applied in payment of any such outstanding judgment or bonded indebtedness, or said bonds may be exchanged for outstanding judgments or bonds, par for par.

"SEC. 3. School building bonds. For the purpose of borrowing money necessary to erect, complete, equip, furnish or improve a schoolhouse, or to purchase sites therefor, the board of directors of any school corporation, when they have been heretofore, or when they may hereafter be authorized by the voters at the annual meeting or at a special meeting called for that purpose, may issue the negotiable interest bearing bonds of said school corporation; said bonds to be known as school building bonds.

"SEC. 4. Form-duration-rate of interest-where registered. All of said bonds shall be substantially in the form provided for county bonds, but subject to changes that will conform them to the action of the board providing therefor, shall run not more than ten years, and may be sooner paid if so nominated in the bond; be in denomination of not more than one thousand dollars ($1,000) or less than one hundred dollars ($100) each, to bear a rate of interest not exceeding six (6) per centum per annum, payable semi-annually, to be signed by the president and countersigned by the secretary of the board of directors, and shall not be disposed of for less than par value, nor issued for other purposes than this chapter provides. All of said bonds shall be registered in the office of the county auditor. The expenses of engraving and printing of bonds may be paid out of the contingent fund.

"SEC. 5. Redemption-treasurer to keep record. Whenever the amount in the hands of the treasurer, belonging to the funds set aside to pay bonds, is sufficient to redeem one or more of the bonds which by their terms are subject to redemption, he shall give the owner of said bonds thirty (30) days'

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written notice of the readiness of the district to pay and the amount it desires to pay. If not presented for payment or redemption within thirty days after the date of such notice, the interest on such bonds shall cease and the amount due thereon shall be set aside for its payment whenever it is presented. All redemptions shall be made in the order of their numbers. The treasurer shall keep a record of the parties to whom the bonds are sold, together with their postoffice addresses, and notice mailed to the address as shown by such record shall be sufficient.

Approved April 4, A. D. 1907.

CHAPTER 153.

ACQUISITION OF SCHOOLHOUSE SITES.

H. F. 252.

AN ACT to repeal section twenty-eight hundred fourteen (2814) of the code and enact a substitute therefor relative to the acquisition of school sites.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Repealed-schoolhouse sites acquisition. That section twenty-eight hundred and fourteen (2814) of the code be and the same is hereby repealed and the following enacted as a substitute therefor:

"Any school corporation may take and hold so much real estate as may be required for schoolhouse sites, for the location or construction thereon of schoolhouses, and the convenient use thereof, but not to exceed one acre, exclusive of public highway, except in a city, town, or village it may include one block exclusive of the street or highway as the case may be: or in districts consolidated under the provisions of section twenty-seven hundred ninety-nine (2799) of the code, or chapter one hundred forty-one (141) of the laws of the Thirty-first General Assembly, or in school townships holding not more than two school sites, may consist of not to exceed four acres, for any one site, unless by the owner's consent, which site must be upon some public road already established or procured by the board of directors and shall, except in cities, towns, or villages, be at least thirty rods from the residence of any owner who objects to its being placed nearer, and not in any orchard, garden or public park."

Approved April 5, A. D. 1907.

CHAPTER 154.

ENFORCEMENT OF COMPULSORY EDUCATION.

S. I. 302.

AN ACT to amend section twenty-eight hundred and twenty-three-f (2823-f) of the supplement to the code relative to the enforcement of the law for compulsory education.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Enforcement. That section twenty-eight hundred twentythree-f (2823-f) of the supplement to the code be and the same is hereby amended by inserting between the word "district" and the word "within" in line seven (7) the words "or the county superintendent of the county". Approved April 13, A. D. 1907.

ון

[Additional

AN ACT to provide for the consolidation, and change of boundaries of school districts in certain cities of the first class, and other purposes incident thereto. to chapter fourteen (14) of title thirteen (XIII) of the code.]

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Consolidation authorized. That in all cities of the first class containing a population of fifty thousand or over, according to any census. taken by the authority or under the direction of the state of Iowa or of the United States, all the territory embraced within the corporate limits of any such city may be consolidated into and become one independent school district, known as the independent school district of (naming the city), state of Iowa, in the manner following:

SEC. 2. Petition-question submitted-consolidation effected-board of directors-officers. When a written petition, requesting the establishment of a consolidated independent district whose territory shall be co-extensive with that of such city, signed by one hundred voters of such city, is filed with the board of the school corporation, therein having the largest number of voters, it shall be the duty of said board within ten days, to call an election, at which all the voters residing in the proposed district shall be allowed to vote by ballot for or against the proposition, "Shall all the territory within the city of (naming it) be united into one school district?" The board calling said election shall divide the territory within the proposed district into such number of precincts, as the board shall determine, and the judges of election shall make and certify a return of the vote to the secretary of the same board which shall, on the next Monday after the election, canvass the returns made to the secretary, ascertain the result of the election, declare the same and cause a record to be made thereof, and in all other respects, except as inconsistent with the provisions of this act, the election shall be conducted as provided by law for elections in independent school districts in cities of the first class. If a majority of the votes cast at such election is favorable to the proposition, the consolidation and formation of said independent district shall thereby be effected, and the board of directors, treasurer, and other officers of the school corporation then holding office in the district affected by such consolidation having the largest number of voters, shall become the board of directors, treasurer and other officers of such consolidated district, and shall continue to hold their respective offices until the terms for which they were originally elected shall expire. The terms of office of all directors, treasurers and officers of boards in all the other districts affected by this act, lying wholly within such consolidated district and holding office at the time of such consolidation, shall cease and determine, and in case of districts lying partly without such consolidated district, the directors, officers and treasurers shall continue to have authority only over the territory lying within their districts, and without the consolidated district; provided that nothing herein contained shall affect the terms of employment of superintendents, principals, or teachers for the current school year, in which such consolidation may be effected.

SEC. 3. Taxes. All taxes previously certified during that year, shall be void so far as the property within the limits of the consolidated independent district is concerned. And all taxes necessary for the new corporation for that year shall be certified and levied as provided in section twenty-seven hundred ninety-six (2796) of the code. All property belonging to districts affected by such consolidation shall become the property of the consolidated

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[CH. 156

district, except that in case of districts lying partly without such city, the liabilities and assets of such districts shall be equitably apportioned in accordance with chapter one hundred thirty-six (136), section thirteen (13) acts of the Thirty-first (31) General Assembly, but nothing herein contained shall affect the rights of existing creditors.

SEC. 4. Election expense. The expense of such election shall be borne by the consolidated district, in case such district shall be formed, otherwise by the separate districts in proportion to the assessed valuation therein within the proposed consolidated district.

SEC. 5. In effect. This act, being deemed of immediate importance, shall take effect and be in force from and after its publication in the Register & Leader and Des Moines Capital, newspapers published at Des Moines, Iowa. Approved March 13, A. D. 1907.

I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital, March 15, 1907. W. C. HAYWARD, Secretary of State.

CHAPTER 156.

COMPENSATION AND BONDS OF STATE LIBRARIAN AND ASSISTANTS.

H. F. 407.

AN ACT repealing section two thousand eight hundred eighty-one (2881) of the code, and section two thousand eight hundred eighty-one-f (2881-f) of the supplement to the code, and section six (6) of chapter one hundred fourteen (114) of the acts of the Twenty-eighth General Assembly, relating to employes in the state library, fixing their salaries and providing for their bonds, and enacting a substitute therefor.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Repealed. Section two thousand eight hundred eighty-one (2881) of the code, and section two thousand eight hundred eighty-one-f (2881-f) of the supplement to the code, and section six (6) of chapter one hundred fourteen (114) of the acts of the Twenty-eighth General Assembly, are hereby repealed.

SEC. 2. State librarian-curator-assistant librarian-salaries. From and after the taking effect of this act the salary of the state librarian shall be the sum of two thousand four hundred dollars ($2,400) per annum; of the curator of the museum and art gallery the sum of one thousand six hundred dollars ($1,600) per annum, and of the assistant to librarian the sum of one thousand eight hundred dollars ($1,800) per annum.

SEC. 3. Other assistants-salaries.

As assistants (in addition to the curator of the museum and art gallery and the assistant to librarian) the state librarian may employ one first assistant at an annual salary of one thousand one hundred dollars ($1,100); one second assistant at an annual salary of one thousand dollars ($1,000); and one third assistant at an annual salary of nine hundred dollars ($900).

SEC. 4. Bonds. The state librarian shall give bond in the sum of five thousand dollars ($5,000), and the curator of the museum and art gallery and the assistant to librarian shall each give bond in the sum of one thousand dollars ($1,000), conditioned upon the faithful performance of their respective duties and a full and accurate accounting of all moneys coming into their hands in virtue of their respective offices. Said bonds shall be approved by the board of trustees of the state library and historical department.