embrace a fully itemized statement of his rent account of such lands; to whom and for what amount the same was rented to each tenant; and whether the rents have been collected or not; and if any portion has not been collected, he should state fully the reasons why the same has not been collected. Any Trustee who has heretofore failed and neglected to so report shall embrace in his first report such itemized statement and showing for each preceding year not so reported, whether by himself or his predecessors; and the amount of school funds for any year, to which such township might otherwise be entitled, shall be withheld, and not paid over to such Trustee, if the rental value of such lands for such terms shall equal or exceed the township's otherwise portion of the school fund; and it shall be the duty of such Trustee to pay into the county treasury all rents collected and reported by him as aforesaid.

1. This section is valid; and a Township Trustee who fails to pay the rents into the county treasury, as therein required, is, with his county, liable on his bond for the amount, with ten per cent. damages, in a suit in the name of the State on relation of the Board of Commissioners.- Davis v. State, 44 Ind. 38.

[1865, p. 3. In force March 6, 1865.]

4329. Leasing lands. 45. He shall have power, when directed so to do by a vote, or by the written direction of a majority of the voters of the congressional township to which the same belongs, to lease such lands for any term not exceeding seven years, reserving rents, payable in money, property, or improvements upon the land, as may be directed by the majority of such voters.

4330. Divided school section. 46. When the sixteenth section, or the section which may be granted in lieu thereof, shall be divided by a county or civil township line, or where the substituted section lies in any other county in the State, the voters of the congressional township to which the same belongs shall designate, by vote or by the written direction of a majority, the Trustee of one of the civil townships including a part of said section, to have the care and custody of said section, and to carry out the directions of the voters of the township in relation thereto; and the Trustee so designated shall have the same powers and perform the same duties as if the entire section was situated within the limits of the civil township, and receive from the County Treasurer the revenue derived from funds accrued from said sale.

4331. Boundaries of townships. 148. The County Commissioners of each county are required to conform the boundary of their civil townships to those of congressional townships, so far as it is practicable to do so.

[1877 S., p. 66. In force March 12, 1877.]

4332. School township, when county lines divide. I. Where county lines divide a congressional township, the proper officer in the county in which the congressional school lands are situated, or would be situated if unsold, shall control such lands and the funds arising therefrom, as in this Act is provided.

4333. Auditor's statement as to children... 2. When the enumeration is made of children, under the school laws, the Auditor of each county shall furnish to the Auditor of the other a statement showing the number of children in each congressional township; and to enable him to do this correctly, the person or officer making the enumeration shall correctly state

the number of children in the congressional township so divided by county lines.

4334. Auditor's duty. 3. The Auditor of the county having control of the fund shall open an account with the other county as to each congressional township, and credit said other county with all money on hand, all securities for lands sold, and, if any lands be unsold, with the proceeds when sold; and, from time to time, as money comes in, shall credit such county with such money—that is to say, shall divide such money pro rata on the basis of such enumeration, and enter the credit; and shall pay over such money, be it little or much, to the Treasurer of such other county, file his receipt with the Auditor, and take a quietus; and so continue until the whole portion due such other county is paid over. Such payments shall be made quarterly, to correspond with the fiscal year.

4335. Account and distribution. 4. Such Auditor of the county controlling such lands and fund shall also open an account with such lands and with the township in his own county divided by county line, and shall debit and credit such accounts as he receives money or securities from sales or collections from lands forfeited and re-sold, and all expenses in full and regular order of entry and accounting, so he can tell, at any time, the condition of the lands, funds, and securities. He shall collect in, as fast as possible, all moneys outstanding, make proper distribution as per enumeration, and credit the proper account in said county, and continue to pay over to the other county, as above provided, until each county has its proper proportion of said funds.

4336. Duties of the other Auditor. 5. The Auditor of such other county shall open an account with the proper township in his county, and credit such fund as fast as received; and, when in sufficient amount, shall loan the same as now required by law. Both Auditors shall make a state. ment of the condition of the fund annually, at the end of the proper fiscal year, and file one copy with the Superintendent of Public Instruction, lay one before the County Commissioners (which latter shall be spread upon their record), and both shall be sworn to by the Auditor.

4337. Account-Re-adjustment. 6. The process contemplated by this Act shall continue so long as any lands remain unsold, or any securities are uncollected, and until each county shall have become possessed of its proper share of such fund in money, when the accounts here required to be kept shall be closed and reported as aforesaid: Provided, That in the year 1890, and every two years thereafter, there shall be a re-adjustment of said fund belonging to such congressional township, upon the basis of the number of children enumerated in each part of such congressional township, as hereinbefore provided; and the Auditor having a surplus of such fund, according to such basis, shall pay to the Treasurer of the county interested the amount of money due said county upon the per capita basis then existing. For the services here provided for, the Auditor shall be allowed the same fees for records, certificates, and other labor, as is allowed by law for other similar services.

[1865, p. 3. In force March 6, 1865.] ·

4338. Power of Trustee. 47. The proper Trustee shall have all the rights and powers of a landlord, in his official name, in coercing fulfillment of contracts relating to such lands, and preventing waste or damage, or for the recovery of the same when committed.

4339. Sale of school lands. 48. At any time when five voters of any congressional township shall, by petition to the Trustee having charge of the school lands belonging to such township, set forth their desire for the sale of all or any part of the school land, the Trustee shall give public notice, in five public places in such township, of the time and place in such township when and where a balloting will be had to determine whether the lands shall be sold as petitioned for or not; which notice shall be given at least twenty days before the time specified therein.

4340. Proceedings to sell. 49. A copy of such petition shall be entered on the book containing the record of the proceedings of such Trustee; and his action thereon shall, also, be recorded.

4341. Ballots.

50. If a voter favor the sale of such lands, he shall write on his ballot the word "Sale"; if he oppose the sale, he shall write the words "No sale."

4342. Result of election. 51. No sale shall be allowed unless a majority of all the votes cast at such election shall be in favor of such sale; nor unless the number of votes constituting such majority shall exceed fifteen.

4343. Certificate of vote. 52. The Trustee shall attend at the time and place specified, and shall make out a certificate showing the number of votes given for and against such sale; which shall be signed by him and filed in his office; and he shall enter the same upon his record-book.

4344. Trustee's duty. 53. Said Trustee, if satisfied that a majority of all, and more than fifteen, voters have voted for such sale, shall enter the same on his record-book, and proceed

First. To divide the lands, so voted to be sold, into such lots as will se cure the best price.

Second. To affix a minimum price to each lot, not less than one dollar and twenty-five cents per acre, below which it shall not be sold.

Third. To certify such division and appraisement to the proper County Auditor, together with a copy of all his proceedings in relation to the sale of said lands.

4345. Order and conduct of sale - Fee. 54. Such certificate and return shall, by such Auditor, be laid before the Board of County Commissioners, at their first meeting thereafter; and said Board, if satisfied that the requirements of the law have been substantially complied with, shall direct such lands to be sold; which sale shall be conducted as follows: First. It shall be made by the Auditor and Treasurer.

Second. Four weeks' notice of the same shall be given, by posting notices thereof in three public places of the township where the land is situated, and at the court-house door, and by publication in a newspaper printed in said county, if any otherwise, in a newspaper of any county in the State situated nearest thereto. The sale shall be made by the Auditor, at public auction, at the door of the court-house of the county in which the land is situated, and the Treasurer shall take an account thereof; and each of the said officers, for making such sale, shall receive a fee of one dollar, to be paid by the purchaser.

[1875, p. 134. In force March 9, 1875.]

4346. Terms of sale - Timber. 55. One-fourth of the purchasemoney shall be paid in hand and the interest for the residue for one year in advance, and the residue in ten years from such sale, with like interest

annually in advance; and deferred payments shall be regarded as a part of the congressional township school fund, and reported as such by the Auditor to the Superintendent of Public Instruction: Provided, That when one-fourth part or more of the value of the lands so sold, at the time of such sale, shall consist of the timber growing thereon, the terms of sale in such case may be as follows, viz.: At least one-half of the purchase money cash in hand, and interest for the residue for one year in advance, and the residue in annual payments in not exceeding ten years from such sale, with like interest annually in advance; and in such case the terms of sale shall be set forth in the notice provided for in the preceding section: And Provided, further, That whenever the purchaser of any such land shall be proceeding to cut or remove, or threaten to cut or remove, from such lands, so sold, timber growing or being thereon, to such an extent that the land, after the cutting or removal of such timber, shall not be equal in value to the amount of purchase money, with interest then remaining unpaid, it shall be the duty of the Trustee of the civil township in which such land is situated (and he is hereby authorized and empowered) to commence and maintain an action, in the name of such township, in the Circuit Court of the county, to restrain and injoin the further cutting or removal of such timber.

[1865 S., p. 3. In force March 6, 1865.]

4347. Forfeiture- Re-sale. 56. On failure to pay such annual

interest when it becomes due, the contract shall become forfeited, and the land shall immediately revert to the township, and the Auditor and Treasurer shall proceed, forthwith again to sell the same, in like manner and on the terms above specified. If, on such second sale, such land shall produce more than sufficient to pay the sum owing therefor, with interest and costs and five per cent. damages, the residue shall, when collected, be paid over to the first purchaser or his legal representative.

[1883 S., p. 79. In force March 3, 1883.]

4347a. Forfeiture - Re-appraisement and sale. 1. All lands which have become forfeited and have reverted, or may hereafter be forfeited, and revert, to the various townships in the several counties of this State, for failure to pay the interest or principal of the amount due thereon to the school fund, and which have remained, or hereafter remain, unsold for the period of three years, by reason of the amount due thereon being in excess of the values of said lands, may be reappraised and sold for a sum not less than said reappraised value thereof; such reappraisement and sale to be made in the same manner and upon the same terms and conditions as is now prescribed by law for the appraisement and sale of such lands.

4347b. Proceeds of sale; disposal of. 2. Upon the sale of such lands, as provided for in the preceding section of this act, the Board of County Commissioners of the several counties in which said lands are situated may make an appropriation from the general county funds -a sum equal to the difference between the amount for which said lands shall have been forfeited and the amount for which such lands shall have last sold; said sum appropriated to be placed to the credit of the proper fund, and loaned as other school funds are loaned.

4347c. Repealing clause. 3. All laws and parts of laws in conflict with the provisions of this act are hereby repealed.

[1865 S., p. 3. In force March 6, 1865.]

4348. Forfeiture, how prevented. 57. At any time before the sale, payment of the interest due and all costs, together with two per centum damages on the principal sum and interest due and owing for said land, shall prevent such sale, and revive the original contract.

4349. Forfeiture - Liability for waste. 58. In case of such for feiture, the original purchaser may be sued for waste or unnecessary injury done to such land. 4350. Suit for waste. 59. Such suit shall be prosecuted by the Auditor, in the name of the State, for the use of the proper congressional township.

4351. Private sale. 60. When any land offered for sale at public

auction shall remain unsold, the County Auditor may dispose of the same at private sale for the best price that can be had therefor, not being less than the minimum price affixed thereto. 4352. Re-appraisement. 61. After the expiration of the term of four years after any appraisement and offer for sale of any lands in this State belonging to any township for school purposes, and such lands remain unsold, it shall be lawful to reappraise, sell, and dispose of said lands in the same manner that they would have been, had such lands not been previously offered for sale: Provided, however, That such appraised value shall not be below the minimum price now fixed by law.

4353. Certificate of purchase. 62. A certified statement of such

sale shall be made and signed by the Auditor, and, being first recorded by such Auditor in the records of the Board of County Commissioners, shall be delivered to the purchaser when he makes his first payment, and shall entitle him to a deed when the terms of such purchase shall have been fully complied with.

4354. Rights of purchaser. 63. Every purchaser, until forfeiture, shall be entitled to all the rights of possession before existing in such Trustee or township, and to all rights and remedies for rents becoming due or breaches of covenant occurring after his purchase under any lease existing at the time of his purchase, and for all waste committed thereafter.

4355. Failure to make first payment-Penalty. 64. A purchaser at such sale failing to make the first payment as above required shall pay ten per centum on the sum bid, to be recovered by action before any Court having jurisdiction, to be prosecuted by the County Auditor in the name of the State for the use of the proper township; and the Auditor and Treasurer shall be competent witnesses.

4356. Assignments. 65. No assignment of a certificate shall be valid unless acknowledged before some officer authorized to take acknowledgments of deeds, or before the County Auditor, who shall, in all such cases, record the same. Assignments of certificates heretofore made before any officer authorized to take acknowledgments of deeds, when recorded, shall be as valid as if acknowledged before the County Auditor.

[1863, p. 11. In force October 10, 1863.]

4357. Defective assignments - Proceedings. 1. Whenever the certificate of the School Commissioner or Auditor of any county of this State, issued for land sold, has been assigned by any person without a proper acknowledgment before the County Auditor or other proper officer, or assigned by delivery, and such assignor is deceased, any assignee of such certificate, claiming title to the land described therein, may file his complaint in the proper Circuit Court, making the County Auditor and the heirs of such deceased assignor parties thereto. If it shall be proved to the satisfaction of the Court, that the plaintiff or any party to the cause is the equitable owner of the land, and the purchase-money has been fully paid to the school fund, the Court shall direct the Auditor to execute a proper conveyance to the plaintiff or other parties entitled thereto, although the certificate has not been properly assigned or the assignment thereof properly acknowledged by the decedent. All other persons claiming any interest in the land may, on their application, be made parties and heard in the case. The Auditor shall execute a conveyance, according to the directions of the Court; and such conveyance shall vest in the grantee the title of said land as fully and to all intents and purposes as if the certificate had been legally assigned and the assignment properly acknowledged.

[1865, p. 3. In force March 6, 1865.]

4358. Loan of purchase-money. 66. When the residue of the purchase-money becomes due, the purchaser may retain the same as a loan for a term not exceeding three years, on payment, annually made in advance, of the interest thereon, at the rate then established by law for the loans of such funds; but he shall receive no deed until full payment is made.

4359. Payments. 67. Purchasers may, at any time before due, pay a part or the whole of such purchase-money.