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Affidavit of Sec. 22. When a petition shall be presented to a school inhabitants
commissioner for the sale of common school lands as provided for in the preceding section, he shall be authorized to receive the affidavits of reputable citizens of the township as to the number of white male inhabitants over twenty-one years of age, and if it shall appear from such affidavits that two-thirds of the whole number have signed the petition, the commis
sioner shall proceed to sell the lands as herein required. Lands of frac. SEC. 23. School lands granted and held for the use of tonal town. fractional townships, may be sold when the number of inhaships may be gold. bitants in such fractional township shall bear as large a pro
portion to the quantity of school lands granted, as the number of fifty bears to an entire section of Jand.
SEC. 24. When the requisite petition and affidavits have Subdivision of been furnished to authorize a sale of common school land, lands. the school commissioner shall notify the trustees of school
lands thereof, and said trustees shall immediately proceed to subdivide the said lands into tracts or lots, in such form and quantity as will best suit purchasers, and produce the largest amount of money; and after making such subdivision, a correct plat of the same shall be made, representing the whole land, and the divisions thereof, with each lot numbered and marked, so as to enable purchasers to identify the
same, and so as to perpetuate the boundaries thereof. The Valuation.
trustees shall then fix a value upon each lot; having regard to the terms of sale, and attach to the plat a certificate verifying the correctness of the plat (stating the value of each Jot per acre, or by the lot in case the lot contains a less quantity than one acre) and referring to and describing the lots in the certificate, so as to fully and clearly distinguish and identify each lot; which plat and certificate shall be delivered to the school commissioner, and shall govern him in advertising and selling said lands.
Sec. 25. , In subdividing common school lands for sale, no No lot more lot shall coutain more than eighty acres, and the division than 80 acres. may be made into town or village lots, and streets, alleys,
and roads, may be laid out by the trustees through any of Laid out in such lands, for the public accommodation, and such streets, lots & streets. alleys and roads, being marked and laid down upon the plat
of the land, shall be sufficient evidence of the dedication thereof; and where common school lands have heretofore
been divided into lots, with streets, alleys and roads passing Streets public through the same, such division shall be deemed legal, and highwnys.
the streets, alleys and roads so laid out are hereby declared public highways.
Sec. 26. The terms of selling common school lands shall Terms of sale be to the highest bidder for cash, with the privilege to each of lands.
purchaser to borrow the amount of his bid for any period not less than one, nor more than five years, upon his paying interest, and giving security as in the case of money loaned.
Sec. 27. The place of selling common school lands shall Lands to be
*sold at court be at the court house of the county in which the land is situ- ho ated, and upon the reception by the school commissioner of the plat and certificate of valuation of school lands from the trustees, he shall proceed to advertise the said land for sale, or lots as divided and laid off by the trustees, by posting no. Advertise. tices thereof in at least six public places in the county, forty ment. days previous to the day of sale, describing the land, and stating the time, place and terms of sale; said notice shall also be printed and published four weeks in a newspaper printed in the county where the sale is to be made, if there be any such paper, but if no newspaper is published in the county, the sale shall be made upon posting the notices as aforesaid: Provided, however, That notices of such sales may be publish- provie ed in any newspaper having general circulation in the county, if in the opinion of the commissioner, such notice will produce competition in bidding, or enhance the amount of sales.
Sec. 28. The order of sale shall be according to the num-Order of sale. bers of the lots, beginning with the lowest number, and proceeding regularly until the whole are sold or offered; no lot shall be sold for less than its valuation by the trustees; sales shall be made between the hours of ten o'clock, A. M. and six o'clock, P. M., and may be continued from day to day until completed; the lots shall be offered separately, and each lot cried a sufficient length of time to enable all who desire to bid. Each purchaser failing to comply with the terms of sale, shall be bound to pay the difference between his bid and the price for which the lot may be sold.
Sec. 29. Upon the closing the sales on any day, each pur- When lands chaser shall pay or secure the payment of the purchase mo-considered ney according to the terms of the sale, or in case of his failure to do so by ten o'clock of the succeeding day, the lots purchased shall be again offered for public sale, on the same terms as before, and if the valuation shall be bid, shall be stricken off; but if the valuation is not bid, the lot shall be set down as not sold; if a sale is made, the former purchaser shall Former purbe required to pay the difference between the price sold for chaser to pay
difference. and his bid; if a sale is not made he shall be required to pay the difference between his bid and the valuation of the lot; and in case of his failure to make such payment, the school commissioner may forth with institute an action of debt or assumpsit, in favor of the trustees of school lands of the township for whose use the land was sold, for the sum required, Act'n against and upon making proof of the facts shall be entitled to judg. purchaser. ment with cost of suit, and if the amount claimed shall not exceed one hundred dollars the suit may be before a justice of the peace, but if more than that sum the action shall be in the circuit court of any county wherein the party may be found.
School lands Sec. 30. All lands not sold at public sales as herein promay be sold at
te sale. vided for, shall be subject to sale at any time thereafter at private sale.
valuation, and commissioners are authorized and required to sell all such lands at private sale upon the terms at which
they were offered at public sale. Record
of Sec. 31. Upon the completion of every sale by the pursales. chaser, the school commissioner shall enter the same on his
sale book, and shall deliver to the purchaser a certificate of purchase, stating therein the name and residence of the pur
chaser, describing the land, and stating the price paid thereCertificates. for, which certificate shall be evidence of the facts therein
stated. Statement of
. Sec. 32. At every regular term of the county commissales, &c. *sioners' court, each school commissioner shall present to the .
court of his county,'the following statements: First, A statement shewing the sales of school lands made subsequent to the preceding term of the court, which statement shall be copied from the sale book, and contain all the facts required to be stated in said book. Second: Statements of the amount of money received, and paid, and loaned out, belonging to each township or fund, under his control, the statement of each fund to be separate. Third: Statements copied from his loan book, showing all the facts in relation to lands which
are required to be stated in the loan book. Certificate of Sec. 33. The said commissioner shall also at the times sale.
aforesaid, transmit to the Auditor of Public Accounts a full and exact transcript from his sale book, of all the sales made subsequent to each report. The list of sales filed with the
county commissioners, shall be filed and preserved, and shall filed.
also be copied by the clerk of said court, in a well bound book provided for that purpose, and the list transmitted to the Auditor shall also be filed, preserved, and copied in like
manner. Patents for
Sec. 34. Every purchaser of common school lands shall land.
be entitled to a patent from the State, conveying and assu. ring the title. Patents shall be made out by the Auditor from the returns made to him by school commissioners.
They shall contain a description of ihe land granted; shall be Howexecuted in the name of and signed by the Governor, countersigned by
the 'Auditor, with the great seal of State affixed thereto by the Secretary of State, and shall operate to vest in the purchaser a sure, perfect and absolute title in fee simple. When patents are executed as herein required, the Auditor shall note on the list of sales, the date of each patent in such
manner as to perpetuate the evidence of its date and delivePatents sent ry, and thereupon transmit the same to the school commis10 school com. sioner of the proper county, to be by him delivered to the
patentee or his assigns, upon the return of the original certificate of purchase, which certificate, when returned, shall be filed and preserved by the commissioner.
Sec. 35. Certificates of purchase of school lands may be Cer:ificates of transferred and assigned by written endorsement thereon, prane under the hands of the purchases, and of each assignee, in the same manner as promissory notes, so as absolutely to transfer and vest in each and every assignee successively, all right, title and claim to the land purchased, or such transfers or assignments may be made on a separate paper, in like manner, and with like force and effect; and patents may be issued to any such assignee, upon filing with the Auditor the original certificate and transfers, and making proof of the facts of assignment by the affidavit of one or more credible witnesses, taken before a judge, justice of the peace, notary public, or clerk of a court of record, or a certificate of acknowledgement by the assignor or assignors, before any one of the before named officers.
SEC. 36. Purchasers of school lands, and their heirs and Duplicate paasssigns, may obtain duplicate copies of certificates of pur- tento how pro
cured. chase and of patents, uson filing affidavits with the Auditor in respect to patents, and with the school commissioner in respect to certificates, proving the loss or destruction of the originals; such copies shall be evidence of the existence of the original.
Of the loaning school funds. Sec. 37. School commissioners shall loan all monies which shall come to their hands in virtue of their offices, (ex-ed at 12 per cept such interest as may be required to be paid for the sup-cent. port of schools,) upon the following conditions: the rate of interest shall be twelve per centum per annum, payable half ytarly in advance, the time for which loans may be made Interest to be shall be not less than one, nor more than five years; for all paid semi-ansums not exceeding one hundred dollars, loaned for one year, nually. two responsible securities shall be given; for all sums over one hundred dollars, and for all loans for more than one Term of loans year, security shall be given by mortgage on real estate, unincumbered, in value double the amount loaned, with a condition, that in case additional security shall at any time be reqnired, the same shall be given to the satisfaction of the commissioner for the time being. Notes and mortgages shall be payable to the school commissioner of the county," without inserting the name of the cominissioner, for the use of the township or fund to which the money loancd belongs, and such notes and mortgages shall be valid although the name of the school commissioner be not inserted as payee, and the money may be collected thereon by suit or otherwise in the name of the school commissioner of the county,” for the use per stated, without using the name of the commissioner in the prosecution thereof: Provided, however, That notes and mort
gages in which the name of the school commissioner is inserted shall be valid to all intents and purposes.
Sec. 38. Mortgages to sccure the payment of school funds
loaned, may be in the form following: Form of morta' 6. A. B., of the county of
and State of gage.
do hereby grant, convey and transfer to the school commis-
years from the date hereof, and to pay interest on the same at the rate aforesaid, half yearly in advance; I further covenant that I have a good title to said estate, and that the same is free from all incumbrances; that I will pay all taxes and assessments which may be levied upon said estate, and if said estate is sold to pay the aforesaid debt or any part thereof, I will deliver immediate possession to the purchaser. Witness my hand and seal, this day of 18. A
Upon the breach of any condition or stipulation contained in said mortgage, an action may be maintained, and damages recovered as upon other covenants, but mortgages made in any other form, to secure the payment of school funds, shall be valid, and the rights and remedies thereon shall be the
same as if no form had been prescribed for such mortgages. Value of lands SEC. 39. In estimating the value of real estate mortgaged mortgaged: ; to secure the payment of school funds, the value of improve.
ments liable to be destroyed shall not be included. When securi- SEC. 40. In all cases when the school commissioner shall ty is not given require additional security for the payment of money loaned,
and such security shall not be given, the commissioner may sue for and recover the same, and all interest accruing thereon to the date of judgment: Provided, That proof be made of the said requisition, and of the failure to comply with the
same. Shall have Sec. 41. In the payment of debts by executors or adminpreference istrators, those due to school funds, whether of the State,
county or township, shall have a preference over all other debts, except funeral and other expenses attending the last
sickness, not including the physicians bill. What interest SEC. 42. If default be made in the payment of interest in default of due upon money loaned by any school cominissioner, or in payment.
the payment of the principal, interest at the rate of twenty per centum per annum shall be charged upon the amount for which the party is, or may be in default, which shall be