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Interest on said fund, how appropriated.

Donations for support of schools, how disposed of.

Manner in

specially reserved by Congress for the use and benefit of the people therein; and of all lands which may hereafter be granted or bequeathed to the State and not specially granted or bequeathed for any other purpose, which hereafter may be disposed of by the State, and the ten per cent. of the net proceeds of the sales of the public land which have accrued and are to accrue to this State under the act of Congress, entitled "An Act to appropriate the proceeds of the public lands," and to grant pre-emption rights, approved September fourth, one thousand eight hundred and forty-one; and the proceeds of the estates of deceased persons, to which the State has or may become entitled by law, shall be held by the State as a loan, and shall be and remain a perpetual fund, to be called the Free School Fund, on which the State shall pay an annual interest of six per cent.; which interest, together with the interest of the trust fund deposited with this State by the United States, under the act of Congress approved the twenty-third of June, eighteen hundred and thirty-six, with the rents of all unsold lands, except that of the sixteenth sections, shall be appropriated for the support of public schools in this State; and donations of all kinds which shall be made for the support of schools, and such other means as the Legislature may from time to time set apart for school purposes, shall form a part of the fund, and shall also be a loan on which the State shall pay an interest of six per cent. per annum.

It shall be the duty of the Treasurer of the State to apply annually, and to receive from the General Government, the said ten per cent. of moneys now due and to become due to this State, and to place the same, when received, to the credit of the proper fund, and to report thereon to each session of the General Assembly.

73. [SEC. 1314.] It shall be the duty of the Parish Treasurer of the several parishes in this State to have taken the sense of the which the vote inhabitants of the township to which may belong any lands heretoon the sale of fore reserved and appropriated by Congress for the use of schools,

shall be taken

school lands.

whether or not the same shall be sold, and the proceeds invested as authorized by an act of Congress, approved February the fifteenth, eighteen hundred and forty-three, entitled "An Act to authorize the Legislatures of the States of Illinois, Arkansas, Louisiana and Tennessee to sell the lands heretofore appropriated for the use of schools in those States."

Polls shall be opened and held in each township, after advertisement for thirty days at three of the most public places in the township and at the courthouse door, and the sense of the legal voters therein shall be taken within the usual hours, and in the usual man

ner of holding elections, which elections shall be held and votes received by a District Director of public schools or a Justice of the Peace; and if a majority of the legal voters be in favor of selling the school land therein, the same may be sold, but not otherwise. The result of all such elections shall be transmitted to the Parish Treasurer, and by him to the State Superintendent.

made before sale

74. [SEC. 1315.] Before making sale of the school lands belonging to the State, it shall be the duty of the Parish Treasurer, or survey to be other persons whose duty it may become, to superintend the sales, to cause a resurvey of such lines as from any cause may have become obliterated or uncertain; and for this purpose he is authorized to employ the Parish Surveyor, or on his default, any competent surveyor; and the lines thus surveyed shall be marked in such manner as to enable those interested to make a thorough examination before sale, and all advertisements made for the sale of such lands shall contain a full description thereof, according to the original survey and that required by this section. The expenses of making the sur- Expenses of vey shall be paid by the Auditor of Public Accounts out of the proceeds of the sale of the lands on the warrant of the Parish Treasurer.

75. [SEC. 1316.] If the majority of the votes taken in a township shall give their assent to the sale of the lands aforesaid, the Parish Treasurer shall forthwith notify the Auditor of Public Accounts of the vote thus taken, and upon his order, the said lands shall be sold, by the Parish Treasurer, at public auction, before the courthouse door, by the Sheriff, or an auctioneer, to be employed by the Treasurer, at his expense, to the highest bidder, in quantities not less than forty acres, nor more than one hundred and sixty, after having been previously appraised by three sworn appraisers, selected by the Parish Treasurer and Recorder of the parish, after thirty days' advertisement, but in no case at a less sum than the appraised value, payable on a credit of ten years, as follows, to wit: Ten per cent. in cash, and the balance in nine annual installments, the interest to be paid on the whole amount, annually, at the rate of eight per cent. per annum; the notes shall be made payable to the Auditor of Public Accounts, secured by special mortgage on the land sold, and personal security, in solido, until final payment of principal and interest; in the event of the purchaser neglecting or refusing to pay any of these installments or interest at maturity, the mortgage shall be forthwith closed, and the Parish Treasurer is hereby authorized to advertise and sell the land as before provided for, and further authorized and required to execute all acts of sale on behalf

survey, how paid.

Manner, terms

and conditions

of the sale of

school lands.

1859-27.

Percentage to

of the State, for any such lands sold, to receive the cash payments and notes given for the purchase, which shall be made payable to the State Treasurer, and to place the same in the office of the Auditor of Public Accounts, for collection; all cash received, either for principal or interest, from said sales, shall be transmitted by him to the State Treasurer, and any moneys thus received into the State treasury from sales aforesaid shall bear interest at the rate of six per cent. per annum, and be credited to the township to which the same belongs, according to provisions of the act of Congress. The result of all sales made by the Parish Treasurer shall be forthwith notified by him to the State Superintendent. The Parish Treasurer shall be authorized to receive the whole amount bid for the lands, deducting the eight per cent. interest which the credits would bear.

76. [SEC. 1317.] The Parish Treasurers of the several parishes shall be entitled to retain, out of the proceeds of the sales of sixbe received by teenth sections effected by them, a percentage of two and one-half per centum on the amount of said sales, to be deducted from the cash payment, and the same be in full compensation of their services.

Parish Treas

urer.

1855-422.

Lands leased in certain cases.

tain funds, how disposed of.

77. [SEC. 1318.] Should a majority of the legal votes be against the sale of the lands, then it shall be the duty of the District Directors, where the same may be situated, to secure them from injury and waste, and prevent illegal possession or aggression of any kind, and in conjunction with the Parish Treasurer, to lease the same, or any part thereof, for a term not exceeding four years, according to the provisions of the second section of the act of Congress aforesaid, and to inform the State Superintendent thereof.

Such lease shall only be made after due notice shall have been given by advertisement, for at least thirty days, at two or more public places in the township, of the time and place when the land will be offered for lease to the highest bidder. In all cases ample security shall be required not only for the punctual payment of the rent, but for the protection of the land from all and every kind of waste and injury.

78. [SEC. 1319.] All moneys that have been or may be hereafter Interest on cer- received into the State treasury, and the interest that has or may accrue thereon from the sale of any sixteenth section of school lands or the school land warrants belonging to the various townships in the State, shall be placed to the credit of the township, and should the people of any township desire to receive for the use of the schools therein the annual interest payable by the State on funds deposited to their credit, or the annual proceeds of the loans, the Parish Treasurer shall, on the petition of five legal voters in any

such township, order an election to be held in the township, as provided for the sale of township lands; and if a majority of any number of votes above seven be in favor of receiving annually the accruing interest as aforesaid, the same shall be paid to the Treasurer of the parish for the use of the townships or districts; otherwise the interest shall be an accumulating fund to their credit until so called for.

1855-200.

Property of

79. [SEC. 1320.] Property dedicated to the use and belonging to public schools, or employed by municipal corporations for that public schools purpose, shall be and is hereby exempted from seizure.

exempt from seizure.

Manner of sell

teenth sections.

80. [SEC. 1321.] When the sixteenth section of any township is divided by a parish line, the Treasurer of the parish in which a 1857-136. greater portion of the section may lic, shall proceed to take the in certain sixsense of the people of the township, and to sell the same as provided by law, as if the whole section lay in his parish; provided, that the sale shall be advertised at the courthouses of both parishes as provided by law.

Attorneys and

District Attor

neys pro tem. in cancellation of

sales of school

lands.

81. [SEC. 1171.] In all cases of the sale of the school lands known as sixteenth sections, heretofore made, where the purchase 1866-156. money has not been paid, the purchaser or purchasers shall have the Duty of District right to annul the sale upon application to the District or Parish Court of the parish where the land is situated; provided, that the judgment of nullity shall be obtained at the cost of the applicant and contradictorily with the District Attorney or District Attorney pro tempore, in conjunction with the School Directors of the district in which said land is situated, who shall be made a party defendant in such suit; provided, also, that it shall appear upon the hearing that the value of the land has not been impaired by any act of the purchaser; and provided further, that nothing in this act shall be construed to entitle the said purchaser to repayment of any part of the purchase money already paid.

license of Louis

tery, and how

82. [SEC. 1323.] The Louisiana State Lottery Company shall pay to the State of Louisiana the sum of forty thousand ($40,000) 1868–24. dollars per annum, which sum shall be payable quarterly in advance Amount of from and after the first day of January, eighteen hundred and iana State Lotsixty-nine, to the State Auditor, who shall deposit the same in the payable. treasury of the State, and which sum shall be credited to the educational fund; and said corporation shall be exempt from all other taxes and licenses of any kind whatever, whether from State, parish, or municipal authorities.

83.

[SEC. 1324.] The corporation shall furnish bonds to the Auditor in the sum of fifteen thousand dollars, as security for Bonds required.

1870-126-Ex

tra session.

Poll tax, ninety per cent. of which is de

voted to school purposes.

1857-195. Certain accounts to be opened in the books of the

treasury.

1und and surplus shall be applied.

prompt and punctual payment of the sums set forth in the preceding section.

84. [SEC. 3.] There shall be levied and collected an annual tax: First-From each male inhabitant over the age of twenty-one years, not attached to the army or navy of the United States, the sum of one dollar, ninety per cent. of which shall be appropriated exclusively to the support of public schools in the parish in which the sum is paid, and the balance placed in the State treasury to the credit of the Charity Hospital fund.

CURRENT SCHOOL FUND.

85. [SEC. 1326.] An account shall be opened on the books of the treasury, to be called the Current School Fund; such account shall be charged with the annual expenditures for the public schools, and credited with the net receipt for the special taxes laid by the General Assembly for the support of the public schools, and with the receipts from such other sources as may be designated by law. It shall be the duty of the Auditor, in his annual report, to present a statement of the condition of said fund, and an estimate of the special tax needed for the support of the public schools during the ensuing year beyond the receipts for said support from other sources. It shall be the duty of the Superintendent of Public Education to furnish the Auditor with all the information he may require for his said report.

86. [SEC. 1327.] The current school fund shall be used for the How the school support of the public schools, and the surplus of receipts over expenditures for any one year, shall be appropriated to the support of public schools during the ensuing year; and the act number two hundred and twenty-four of eighteen hundred and fifty-four, and acts one hundred and eighty-one and two hundred and sixty-five of eighteen hundred and fifty-five, which direct said surplus to be funded, be and the same are hereby repealed.

Certain laws repealed.

the United

States deposit

fund, how applied.

87. [SEC. 1328.] The interest on the United States deposit fund The interest of shall be appropriated to the annual support of the public schools, as provided by the Constitution; and it shall be the duty of the Auditor and Treasurer annually to transfer from the general fund of the treasury to the current school fund the sum of twenty-eight ditor and Treas- thousand seven hundred and ninety-five dollars and fourteen cents, the amount of said interest.

Duty of the Au

urer.

Disposition of

the interest on

88. [SEC. 1329.] The interest on all the bonds which are now or may hereafter be held by or belonging to the free school fund, which may remain in the treasury after the payment of the interest free school fund of the proceeds of the sales of the sixteenth sections to the various

all bonds be

longing to the

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